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10 Feb 2023, 4:55 am
With more imagination could we have anticipated (or pre-empted) the rise of the Federalist Society, the absolute fetishization of individualism that has occurred in the last 60 years (with its accusations of “nanny state”), the conservative attention to local elections and their impacts on redistricting that led to difficulties in producing legislation that is favored by the majority of Americans, but opposed by favored and disproportionately empowered minorities? [read post]
21 Jun 2018, 2:06 pm
In the halls of academe (and the Federalist Society), there is no shortage of originalist arguments that purport to demonstrate the unconstitutionality of the regulatory state itself. [read post]
1 Aug 2015, 4:17 pm
I would note that the two leading reform advocates who were with me on the Federalist Society panel where this came up, Marc Levin and John Malcolm (of Heritage), did not dispute this number. [read post]
12 Sep 2007, 8:48 am
Eleven years later, at another Federalist Society Convention shortly after the 2000 election, Appeals Court Judge Alito gave another address reaffirming his support for the Unitary Executive Theory, even though, as he acknowledged, the theory, by freeing the president of many checks and balances, "can be used to accomplish things that most probably would not favor. [read post]
29 Jan 2011, 8:30 pm
" When all is said and done, Epps, like most contemporary leftists, including the American Constitution Society (an organization that I happy to financially support), is almost entirely Madisonian, which, for me, obviously, is no compliment. [read post]
14 Jun 2022, 1:21 pm
On their face, the justifications proffered by CDS "rest on nothing more than conventional notions about the proper station in society for males and females. [read post]
21 Jan 2022, 12:17 pm
For example, Justice Thomas’ frequently makes it part of his “conservative” strategy to serve as “keynote speaker” before hard-right political conservative associations like the Federalist Society or conservative Catholic groups. [read post]
10 Sep 2011, 9:01 pm
None of these had a presence on Flight 93 because, in a free society, professional law-enforcement and military personnel cannot be everywhere. [read post]
11 Dec 2017, 11:27 am
Moreover, in legal circles connected to the Federalist Society there has been a push to re-visit the earlier court decisions that accepted the existence and need for administrative agencies. [read post]
12 Jul 2008, 6:46 pm
That is especially true once you factor in the possibility that the profs most likely to be selected for judicial positions are not the best law professors as such, and certainly not the most monkish and insulated professors, but precisely those professors who have had some worldly contact with the environment of political parties, ideological stalking-horses like the ACS or the Federalist Society, etc. [read post]
13 Jul 2009, 10:27 am
The courtroom can be the only sanctuary for the little guy when the forces of society are arrayed against him, when proper opinion and elected officialdom will lend him no ear. [read post]
7 Mar 2017, 9:01 pm
As Alexander Hamilton observed in Federalist 78, courts have neither the power of the purse nor of the sword, and thus must ultimately depend on political actors for the fulfillment of their judgments. [read post]
5 Aug 2011, 7:12 am
It’s a constitutional crisis, and it cannot be fixed merely by holding the line on taxes and securing deep spending cuts in the short term.What has long been clear to many constitutional scholars is now intuitively obvious to Americans of all stripes: The relentless expansion of federal power is destroying self-government at every level of society besides the national one — and with it, the self-reliance and independence that made this country great. [read post]
28 Jan 2012, 10:13 pm
The Federalist No. 45, pp. 292-293 (C. [read post]
10 Apr 2017, 1:20 pm
Some special guests will be singled out by Trump or Gorsuch, but among the other notables is Leonard Leo, who is on leave from the Federalist Society to work on the Gorsuch nomination and is the subject of a Jeffrey Toobin profile this week in The New Yorker. [read post]
28 Sep 2018, 11:11 am
Coleman Memorial Lecture at The Federalist Society’s 2018 Texas Chapters Conference. [read post]
20 Mar 2025, 6:24 pm
" He's one and the same partisan who characterized the Court's decisions in Heller, McDonald, and Bruen as "the Federalist Society's latest intellectual scam," calling Bruen in particular "an ideological fantasy" and "an illustration of the current Supreme Court's new interpretive model: 'Fiction, Fantasy, and Mythology.'" The second expert is Professor John J. [read post]
22 Apr 2020, 1:13 pm
In a recent interview, Justice Department expert Jed Shugerman stated, “One has to ask why he would get up in front of the Federalist Society or at Notre Dame and give fire-and-brimstone, aggressively partisan speeches. . . . [read post]
6 Sep 2016, 12:31 pm
[Supposedly there’s a Federalist Society call to discuss the book ongoing as this post is being published. :)] It really is important to understand these views if one is to best advocate for tribal interests. [read post]
3 Dec 2011, 1:52 pm
Grassley began this line of argument by quoting Madison in Federalist No. 57: [Members of Congress] can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of society. [read post]
