- Video
Should Courts Defer to Political Branches?
Professor Michael McConnell reminds us that it is the job of all branches of government to act in accord with the Constitution. The important question for a court is not whether to defer or not to defer to the Legislative or Executive branches, but simply to evaluate their actions in light of the Constitution. It is a legitimate function of the court to consider text, meaning, and precedent when issuing a decision but that does not automatically mean deference to another branch. https://youtube.com/watch?v=QW5WcKYZuCk