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In the annual James Madison Lecture, Robert Henry, former Chief Judge of the United States Court of Appeals for the Tenth Circuit, explores Justice John Marshall Harlan II's notable dissent in Poe v. Ullman. President Henry carefully examines Justice Harlan's method of constitutional interpretation. Refusing to adopt a "literalistic" reading of the Constitution and instead looking to the "history and purposes" of a particular constitutional provision, Justice Harlan's approach serves as a source of both flexibility and restraint. Of particular importance is Justice Harlan's recognition of the role that "living" traditions play in supplying meaning to the concept of due process of law. What emerges from this probing review of Justice Harlan's Poe dissent is a moderate and thoughtful response to originalism. [ABSTRACT FROM AUTHOR]

Discusses why appellate judges are inherently superior to trial judges. Qualities of appellate judges; Ways on how to evaluate the work being done by appellate judges.