Federalist Society
From Wikipedia, the free encyclopedia
| Federalist Society for Law and Public Policy Studies | |
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| Type | legal |
| Purpose/focus | To promote the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.[1] |
| Location | Washington, DC |
| President | Eugene B. Meyer[2] |
| Website | http://www.fed-soc.org/ |
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, began at Yale Law School, Harvard Law School, and the University of Chicago Law School in 1982 as a student organization that challenged what its members perceived as the orthodox American liberal ideology found in most law schools. The Society "is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be."[1]
The Society currently has chapters at approximately 180 United States law schools, including all of the top 20 as ranked by U.S. News & World Report.[citation needed] The Society also boasts a membership of over 20,000 practicing attorneys (organized as "alumni chapters" within the Society's "Lawyers Division") in sixty cities.[3] The Federalist Society also serves as a parent organization for conservatives and libertarians who are interested in the current state of the legal order. Its headquarters are in Washington, D.C.
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[edit] Background
The Society’s name is a reference to the Federalist Papers. These were published as a series of articles intended to explain the new Constitution to the residents of New York state and persuade them to ratify it. A compilation of the Papers, called The Federalist, was published in 1788. The articles were secretly written under the pseudonym "Publius" by James Madison, Alexander Hamilton, and John Jay. Hamilton wrote 51 of the Federalist papers, Jay five, and Madison 29.
The Society also looks to Federalist Paper Number 78 for an articulation of the virtue of judicial restraint, as written by Alexander Hamilton: "It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature.... The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body."
Due to the strong influence of Madison on the Society’s philosophy, the Federalist Society considers Madison to be its patriarch—hence the use of Madison’s silhouette in the Society’s official logo. Madison is generally credited as the father of the Constitution and became the fourth President of the United States.
[edit] Funding
The Federalist Society is funded by member dues and by grants.
[edit] Aims and membership
In working to promote the ideology set forth in its "Statement of Principles", the Society has created a network of intellectuals that extends to all levels of the legal community. The Student Division has more than 5,000 law students as members and, through the national office's network of legal experts, the Society provides speakers for differing viewpoints at law school events. The activities of the Student Division are complemented by the activities of the Lawyers Division, which comprises more than 20,000 legal professionals, and the Faculty Division, which includes many in the academic legal community.
The Society seeks to debate constitutional issues and public policy questions, and this commitment extends to inviting speakers who do not agree with the society's principles. Past invitees include Justice Stephen Breyer and law professor Alan Dershowitz, as trenchant opponents of the Federalist Society's goals as could be imagined. UCLA law professor Eugene Volokh explains this openness to dissenting voices by saying that "we think that a fair debate between us and our liberal adversaries will win more converts for our positions than for the other side’s."[4] In the words of Dan Lowenstein, a Democrat and political appointee of former California governor Jerry Brown, "The Federalist Society is one of the few student organizations putting on public events that contribute to the intellectual life of the law school."[4] The Federalist Society's guide to forming and running a chapter of the society claims that the organization "creates an informal network of people with shared views which can provide assistance in job placement."[5]
Federalist Society members helped to encourage President Bush’s decision to terminate the American Bar Association’s nearly half-century-old monopoly on rating judicial nominees' qualifications for office. Since the Eisenhower administration, the American Bar Association has provided the service to presidents of both parties and the nation by vetting the qualifications of those under consideration for lifetime appointment to the federal judiciary. The process has been accused by some (including the Federalist Society) of having a liberal bias.[6][7][8] For example, while former Supreme Court clerks nominated to the Court of Appeals by Democrats had an average rating of slightly below "well qualified," similar Republican nominees were rated on average as only "qualified/well qualified." In addition the ABA gave Ronald Reagan's judicial nominees Richard Posner and Frank H. Easterbrook its lowest possible ratings of "qualified/not qualified".[9] Judges Posner and Easterbrook have gone on to become the two most highly-cited judges in the federal appellate judiciary.[10]
Like other private organizations, including the NAACP and the National Rifle Association, the Federalist Society does not publish a membership list or otherwise disclose the identity of its members, preferring instead to let members publicly identify themselves with the Society if they so choose.
[edit] See also
[edit] External links
- The Federalist Society
- List of chapters from the official website
- New York Times, August 1, 2005, "Debating the Subtle Sway of the Federalist Society"
- Federalist Society response to August 1, 2005, New York Times article
- Washington Post, July 29, 2005, "What the Federalist Society Stands For"
- Criticism of the Federalist Society from the Daily Kos wiki: http://www.dkosopedia.com/wiki/Federalist_Society
- 26th Annual Student Symposium Homepage, hosted by Northwestern University School of Law
- 25th Annual Student Symposium Homepage, hosted by Columbia Law School
[edit] References
[edit] Books
- Teles, Steven M. (2008), The Rise of the Conservative Legal Movement: The Battle for Control of the Law, Princeton University Press, ISBN 0691122083
[edit] Footnotes
- ^ a b About Us. The Federalist Society. Retrieved on 2008-03-09.
- ^ Board of Directors. About Us. Federalist Society. Retrieved on 2008-04-09.
- ^ Our Background. The Federalist Society. Retrieved on 2007-08-25.
- ^ a b Volokh, Eugene (June 3, 2001). Our Flaw? We’re Just Not Liberals. Washington Post. Retrieved on 2007-08-25.
- ^ Right Wing Organizations. People For The American Way (May 2006). Retrieved on 2007-08-25.
- ^ Batkins, Sam (2004-08-12). ABA Retains Little Objectivity in Nomination Process. Center for Individual Freedom. Retrieved on 2006-08-20.
- ^ Lindgren, James. "Yes, the ABA Rankings Are Biased", Wall Street Journal, 2001-08-06. Retrieved on 2006-08-21.
- ^ ABA Ratings of Judicial Nominees. ABA Watch. Federalist Society (1996-07). Retrieved on 2006-08-20.
- ^ Lott, Jr., John R. (January 25, 2006). Pulling Rank. New York Times. Retrieved on 2007-08-25.
- ^ Choi, Stephen; Gulati, Mitu (2003). "Who Would Win a Tournament of Judges (Draft)". Boalt Working Papers in Public Law (19): 96. University of California.
