The Federalist Society

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The Federalist Society

Author : Michael Avery
Publisher : Vanderbilt University Press
ISBN 13 : 082650339X
Total Pages : 503 pages
Book Rating : 4.8/5 (265 download)

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Book Synopsis The Federalist Society by : Michael Avery

Download or read book The Federalist Society written by Michael Avery and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law

Ideas with Consequences

Author : Amanda Hollis-Brusky
Publisher : Studies in Postwar American Po
ISBN 13 : 0199385521
Total Pages : 265 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Ideas with Consequences by : Amanda Hollis-Brusky

Download or read book Ideas with Consequences written by Amanda Hollis-Brusky and published by Studies in Postwar American Po. This book was released on 2015 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.

Who Decides?

Author : Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0197582184
Total Pages : 497 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Who Decides? by : Jeffrey S. Sutton

Download or read book Who Decides? written by Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2021-10-29 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: "51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--

The President Who Would Not Be King

Author : Michael W. McConnell
Publisher : Princeton University Press
ISBN 13 : 069121199X
Total Pages : 440 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The President Who Would Not Be King by : Michael W. McConnell

Download or read book The President Who Would Not Be King written by Michael W. McConnell and published by Princeton University Press. This book was released on 2020-11-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential power One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president. Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion. Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.

What the Anti-Federalists Were For

Author : Herbert J. Storing
Publisher : University of Chicago Press
ISBN 13 : 0226775801
Total Pages : 121 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis What the Anti-Federalists Were For by : Herbert J. Storing

Download or read book What the Anti-Federalists Were For written by Herbert J. Storing and published by University of Chicago Press. This book was released on 2008-12-02 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Anti-Federalists, in Herbert J. Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Supreme Disorder

Author : Ilya Shapiro
Publisher : Simon and Schuster
ISBN 13 : 1684510724
Total Pages : 256 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis Supreme Disorder by : Ilya Shapiro

Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Plutocrats United

Author : Richard L. Hasen
Publisher : Yale University Press
ISBN 13 : 0300216742
Total Pages : 256 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Plutocrats United by : Richard L. Hasen

Download or read book Plutocrats United written by Richard L. Hasen and published by Yale University Press. This book was released on 2016-01-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Campaign financing is one of today’s most divisive political issues. The left asserts that the electoral process is rife with corruption. The right protests that the real aim of campaign limits is to suppress political activity and protect incumbents. Meanwhile, money flows freely on both sides. In Plutocrats United, Richard Hasen argues that both left and right avoid the key issue of the new Citizens United era: balancing political inequality with free speech. The Supreme Court has long held that corruption and its appearance are the only reasons to constitutionally restrict campaign funds. Progressives often agree but have a much broader view of corruption. Hasen argues for a new focus and way forward: if the government is to ensure robust political debate, the Supreme Court should allow limits on money in politics to prevent those with great economic power from distorting the political process.

Lawyers of the Right

Author : Ann Southworth
Publisher : University of Chicago Press
ISBN 13 : 0226768368
Total Pages : 268 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Lawyers of the Right by : Ann Southworth

Download or read book Lawyers of the Right written by Ann Southworth and published by University of Chicago Press. This book was released on 2009-08-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.

The Rise of the Conservative Legal Movement

Author : Steven Michael Teles
Publisher :
ISBN 13 : 9780691122083
Total Pages : 339 pages
Book Rating : 4.1/5 (22 download)

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Book Synopsis The Rise of the Conservative Legal Movement by : Steven Michael Teles

Download or read book The Rise of the Conservative Legal Movement written by Steven Michael Teles and published by . This book was released on 2008-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

51 Imperfect Solutions

Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Scalia Speaks

Author : Antonin Scalia
Publisher : Forum Books
ISBN 13 : 0525573321
Total Pages : 434 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Scalia Speaks by : Antonin Scalia

Download or read book Scalia Speaks written by Antonin Scalia and published by Forum Books. This book was released on 2017-10-03 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.

An Argument Open to All

Author : Sanford Levinson
Publisher : Yale University Press
ISBN 13 : 0300216459
Total Pages : 367 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis An Argument Open to All by : Sanford Levinson

Download or read book An Argument Open to All written by Sanford Levinson and published by Yale University Press. This book was released on 2015-11-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.

The Second Founding

Author : Ilan Wurman
Publisher : Cambridge University Press
ISBN 13 : 1108843158
Total Pages : 199 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Second Founding by : Ilan Wurman

Download or read book The Second Founding written by Ilan Wurman and published by Cambridge University Press. This book was released on 2020-11-12 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

We the Corporations: How American Businesses Won Their Civil Rights

Author : Adam Winkler
Publisher : Liveright Publishing
ISBN 13 : 0871403846
Total Pages : 384 pages
Book Rating : 4.8/5 (714 download)

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Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler

Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.

First Amendment Institutions

Author : Paul Horwitz
Publisher : Harvard University Press
ISBN 13 : 0674070925
Total Pages : 490 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis First Amendment Institutions by : Paul Horwitz

Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

The Other Founders

Author : Saul Cornell
Publisher : UNC Press Books
ISBN 13 : 0807839213
Total Pages : 352 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Other Founders by : Saul Cornell

Download or read book The Other Founders written by Saul Cornell and published by UNC Press Books. This book was released on 2012-12-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influence on Jeffersonianism and Jacksonianism. Exploring the full range of Anti-Federalist thought, Cornell illustrates its continuing relevance in the politics of the early Republic. A new look at the Anti-Federalists is particularly timely given the recent revival of interest in this once neglected group, notes Cornell. Now widely reprinted, Anti-Federalist writings are increasingly quoted by legal scholars and cited in Supreme Court decisions--clear proof that their authors are now counted among the ranks of America's founders.