Title Ideas with consequences : the Federalist Society and the conservative counterrevolution / Amanda Hollis-Brusky

Published Oxford : Oxford University Press, 2015

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Description 1 online resource Series Studies in postwar American political development Oxford studies in postwar American political development. Contents Machine generated contents note: -- Acknowledgments -- Introduction -- 1. Understanding Federalist Society Network Influence -- Part I: The State Exists to Preserve Freedom -- 2. The Right of the People to Keep and Bear Arms: Lost and Found -- 3. Judicial Activism, Inc.: The First Amendment, Campaign Finance, and Citizens United -- Part II: The Separation of Governmental Powers is Central to Our Constitution -- 4. Federalism and the Commerce Power: Returning to "First Principles" -- 5. State Sovereignty and the Tenth Amendment: The Anti-Commandeering Doctrine -- Part III: It is Emphatically the Province and Duty of the Judiciary Branch to Say What the Law Is, Not What It Should Be -- 6. Saying What the Law Is: The Federalist Society and the Conservative Counterrevolution -- Appendix A -- An Agenda for Future Research: Looking Back, Looking Forward -- Appendix B -- List of Interviews -- References -- Index Summary "There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. 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. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"-- Provided by publisher Bibliography Includes bibliographical references and index Notes Print version record Subject Federalist Society for Law & Public Policy Studies (U.S.) SUBJECT Federalist Society for Law & Public Policy Studies (U.S.) fast Subject Law -- Political aspects -- United States Judicial review -- United States Conservatism -- United States LAW -- Administrative Law & Regulatory Practice. Conservatism Judicial review Law -- Political aspects United States Form Electronic book LC no. 2014011196 ISBN 9780199385539 019938553X 9780199385546 0199385548

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