Defunct
98-422: Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other The Federalist Society for Law and Public Policy Studies ( FedSoc ) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of
196-420: A "totalitarian state" coalesced where "liberty has been suppressed in the name of liberty." Social anarchists see negative and positive liberty as complementary concepts of freedom. Such a view of rights may require utilitarian trade-offs, such as sacrificing the right to the product of one's labor or freedom of association for less racial discrimination or more subsidies for housing. Social anarchists describe
294-495: A Conservative Party. They soon merged it into the state Democratic Parties. All of the major American political parties support republicanism and the basic classical liberal ideals on which the country was founded in 1776, emphasizing liberty, the rule of law, the consent of the governed , and that all men were created equal. Political divisions inside the United States often seemed minor or trivial to Europeans, where
392-601: A Federalist Society member with a consistent conservative track record who was active in Federalist Society circles, to the Supreme Court. Members of the society helped to encourage Bush's decision to terminate a nearly half-century-old practice of giving the ABA confidential early access to judicial nominees, allowing the ABA to rate nominee's qualifications for office before the nominations were announced. Since
490-657: A balanced budget. They argue that low taxes produce more jobs and wealth for everyone, and, as President Grover Cleveland said, "unnecessary taxation is unjust taxation". A recent movement against the inheritance tax labels such a tax as a " death tax ." Fiscal conservatives often argue that competition in the free market is more effective than the regulation of industry and is the most efficient way to promote economic growth . The Republican Party has taken widely varying views on protectionism and free trade throughout its history. Others, such as some libertarians and followers of Ludwig von Mises , believe all government intervention in
588-479: A conflict between the will and the self. Similarly, the idea of freedom as freedom from politics is a notion that developed in modern times. This is opposed to the idea of freedom as the capacity to "begin anew", which Arendt sees as a corollary to the innate human condition of natality, or our nature as "new beginnings and hence beginners". In Arendt's view, political action is an interruption of automatic process, either natural or historical. The freedom to begin anew
686-430: A country is really free is the amount of security enjoyed by minorities." Gerald C. MacCallum Jr. spoke of a compromise between positive and negative freedoms, saying that an agent must have full autonomy over themselves. In this view, freedom is a triadic relationship because it is about three things, namely the agent, the constraints they need to be free from and the goal they are aspiring to. Hannah Arendt traces
784-662: A loose interpretation of the Commerce Clause . The society's views are more closely associated with the general meaning of Federalism (particularly the New Federalism ) and the content of the Federalist Papers than with the later Federalist Party. The society's initial 1982 conference was funded, at a cost of $ 25,000, by the Institute for Educational Affairs . Later funding of $ 5.5 million came from
882-499: A major role in U.S. politics and culture since 1776, they also argue that an organized conservative movement with beliefs that differ from those of other American political parties did not emerge in the U.S. at least until the 1950s. The recent movement conservatism has its base in the Republican Party , which has adopted conservative policies since the 1950s; Southern Democrats also became important early figures in
980-510: A member of the steering committee of the Washington, D.C., chapter, but denies ever being a member. Politico wrote that the Federalist Society "has become one of the most influential legal organizations in history—not only shaping law students' thinking but changing American society itself by deliberately, diligently shifting the country's judiciary to the right." Founded in 1982 by students at Yale Law School , Harvard Law School , and
1078-614: A monarchy, an established church, or a hereditary aristocracy. American conservatism is best characterized as a reaction against utopian ideas of progress and European political philosophy from before the end of World War II . Russell Kirk saw the American Revolution itself as "a conservative reaction, in the English political tradition, against royal innovation". In the 2022 book The Right: The Hundred-Year War for American Conservatism , Matthew Continetti noted that
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#17327722268341176-756: A more militaristic , interventionist foreign policy aimed at promoting democracy abroad, which stands in stark contrast to Paleoconservatisms more isolationist foreign policy. Neoconservatives often name communism and Islamism as the biggest threats to the free world. They often oppose the United Nations for interfering with American unilateralism. National conservatism focuses on upholding national and cultural identity . National conservatives strongly identify with American nationalism , patriotism , and American exceptionalism , while opposing internationalism , globalism , and multiculturalism . The movement seeks to promote national interests through
1274-537: A professor of history at Mount Holyoke College , wrote: Here was no lover of government by plutocracy, no dreamer of an America filled with factions and hard-packed cities. Here was a man who loved America as it was and had been, one whose life was a doughty testament to the trials and glories of ordered liberty. Here ... was the model of the American conservative. Freedom (political) Political freedom (also known as political autonomy or political agency )
1372-522: A result (e.g. housing, education, medical services and so on) produced by people is in effect a purported right to enslave others. Political philosopher Alasdair MacIntyre theorized freedom in terms of our social interdependence with other people. Economist Milton Friedman argues in his book Capitalism and Freedom that there are two types of freedom, namely political freedom and economic freedom , and that without economic freedom there cannot be political freedom. A study on 123 nations shows that
1470-614: A smaller government is known as starve the beast . Activist Grover Norquist is a well-known proponent of the strategy and has famously said, "My goal is to cut government in half in twenty-five years, to get it down to the size where we can drown it in the bathtub." The argument in favor of balanced budgets is often coupled with a belief that government welfare programs should be narrowly tailored and that tax rates should be low, which implies relatively small government institutions. Neoconservatism emphasizes foreign policy over domestic policy. Its supporters, mainly war hawks , advocate
1568-687: A speech he gave in January 2008 to its lawyers chapter in Dallas, Texas . Madison is generally credited as the father of the Constitution and became the fourth President of the United States . The society's name is said to have been based on the eighteenth-century Federalist Party ; however, James Madison associated with Thomas Jefferson and the Democratic-Republican Party in opposition to Federalist Party policies borne from
1666-446: A steady flow of "prescription and prejudice". Kirk's use of the word "prejudice" here is not intended to carry its contemporary pejorative connotation: a conservative himself, he believed that the inherited wisdom of the ages may be a better guide than apparently rational individual judgment. Through much of the 20th century, a primary force uniting the varied strands of conservatism, and uniting conservatives with liberals and socialists,
1764-543: A study of human experience. On this point we are, without reservations, on the conservative side. According to Peter Viereck , American conservatism is distinctive because it was not tied to a monarchy, landed aristocracy, established church, or military elite. Instead American conservatives were firmly rooted in American republicanism , which European conservatives opposed. They are committed, says Seymour Martin Lipset , to
1862-419: Is a central concept in history and political thought and one of the most important features of democratic societies. Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom
1960-399: Is closely connected with the concepts of civil liberties and human rights , which in democratic societies are usually afforded legal protection from the state . Various groups along the political spectrum hold different views about what they believe constitutes political freedom. Left-wing political philosophy generally couples the notion of freedom with that of positive liberty or
2058-402: Is emphatically the province and duty of the judiciary to say what the law is, not what it should be." The society 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
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#17327722268342156-530: Is limited to membership, and judges would still be allowed to participate in events hosted by organizations such as the Federalist Society and the American Constitution Society through speaking engagements, panel discussions, and event attendance. The proposed advisory opinion had a 120-day comment stage ending on May 20, 2020. The Federalist Society has a Regulatory Transparency Project (RTP), whose goal, according to National Review ,
2254-406: Is no exaggeration to suggest that it was perhaps the most effective student conference ever—a blueprint, in retrospect, for how to marry youthful enthusiasm with intellectual oomph to achieve far-reaching results." The society states that it "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
2352-575: Is no such thing, for instance, as freedom to pollute or freedom to deforest given that such activities create negative externalities , which violates other groups' liberty to not be exposed to pollution. The popularity of SUVs , golf and urban sprawl has been used as evidence that some ideas of freedom and ecological conservation can clash. This leads at times to serious confrontations and clashes of values reflected in advertising campaigns, e.g. that of PETA regarding fur . John Dalberg-Acton stated: "The most certain test by which we judge whether
2450-436: Is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity , consistency, or inauthentic behaviour). The concept of political freedom
2548-557: Is one of the highest profile conservative legal events of the year. Speakers have included former ACLU head Nadine Strossen , business executive and 2016 Republican presidential candidate Carly Fiorina , former BB&T chairman John Allison , former Attorney General Michael Mukasey , U.S. Senator Mike Lee , and White House Counsel under President Barack Obama Neil Eggleston . The Federalist Society invites to its events "capable liberal advocates to try to rebut conservative perspectives." The Harvard Journal of Law and Public Policy
2646-495: Is one of two major political ideologies of the United States with the other being liberalism . Conservative and Christian media organizations and American conservative figures are influential, and American conservatism is a large and mainstream ideology in the Republican Party and nation. As of 2021, 36 percent of Americans consider themselves conservative, according to polling by Gallup, Inc. Conservatism in
2744-478: Is that the jurisprudence advocated by society members so often yields conservative results." Leonard Leo, former executive vice president of the Federalist Society, "disputes the notion that the Constitution contains either conservative or progressive values, and he denies that originalism is rigged to reach conservative and libertarian results." He told The Washington Post Magazine , "You're practicing originalism appropriately when you're doing so without looking behind
2842-607: Is the Federalist Society's official journal, and a subscription is provided to members. The Federalist Society is a client of the public relations firm Creative Response Concepts . The Federalist Society has 200 student chapters at law schools across the United States as well as lawyers chapters in 90 U.S. cities. The Federalist Society provides its 70,000 members with "intellectual sparring and professional grooming." David Montgomery, writing in The Washington Post Magazine , said that each individual member of
2940-417: Is to "foster a nationwide conversation about areas where the costs of regulation exceed any benefits." The RTP includes twelve working groups who analyze government regulations in different policy and legal areas. The project's methods include issuing white papers and holding events. According to The Washington Post Magazine , "Many individual Federalists are political and ideological warriors, though never in
3038-726: The John M. Olin Foundation . Other early donors included the Scaife Foundation and the Koch family foundations . Donors to the Federalist Society have included Google , Chevron , Charles G. and David H. Koch ; the family foundation of Richard Mellon Scaife ; and the Mercer family. By 2017, the Federalist Society had $ 20 million in annual revenue. The society holds a national lawyers convention each year in Washington, D.C. It
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3136-527: The Second Amendment protects the rights of individuals to guns, as opposed to being a collective right to arms. At the time of the Federalist Society's creation and since the 19th century, the Supreme Court and academics had held a more restrictive view of gun rights. The Federalist Society was influential in shifting legal views on gun rights, culminating in the Supreme Court ruling District of Columbia v. Heller which struck down gun regulations in
3234-462: The U.S. Constitution . Headquartered in Washington, D.C. , it has chapters at more than 200 law schools and features student, lawyer, and faculty divisions; the lawyers division comprises more than 70,000 practicing attorneys in ninety cities. Through speaking events, lectures, and other activities, it provides a forum for legal experts of opposing conservative views to interact with members of
3332-741: The University of Chicago Law School , the Federalist Society began as a student organization which sought to challenge liberal ideology in American law schools. The group's first activity was a three-day symposium titled "A Symposium on Federalism: Legal and Political Ramifications" held at Yale in April 1982. The symposium, which was attended by 200 people, was organized by Steven G. Calabresi , Lee Liberman Otis, and David M. McIntosh ; it included speakers such as Antonin Scalia , Robert Bork , and Theodore Olson . In 2018, Politico Magazine wrote that "it
3430-408: The environment . Social conservatives —many of them religious—often oppose abortion and same-sex marriage . They often favor prayer in public schools and government funding for private religious schools . Like most political ideologies in the United States , conservatism originates from republicanism , which rejects aristocratic and monarchical government and upholds the principles of
3528-452: The nuclear family . There are two overlapping subgroups of social conservatives: the traditional and the religious. Traditional conservatives strongly support traditional codes of conduct, especially those they feel are threatened by social change and modernization. Religious conservatives focus on conducting society based on the morals prescribed by fundamentalist religious authorities, rejecting secularism and moral relativism . In
3626-455: The 1776 U.S. Declaration of Independence ("that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness") and of the U.S. Constitution , which established a federal republic under the rule of law . Conservative philosophy also derives in part from the classical liberal tradition of
3724-475: The 17th, 18th, and 19th centuries, which advocated laissez-faire economics (i.e. economic freedom and deregulation ). Louis Hartz argues that socialism has failed to become established in the United States because of Americans' widespread acceptance of an enduring, underlying Lockean consensus. While historians such as Patrick Allitt (born 1956) and political theorists such as Russell Kirk (1918–1994) assert that conservative principles have played
3822-692: The 1980s preached traditional moral and religious social values. The history of American conservatism has been marked by tensions and competing ideologies. During the era of Ronald Reagan , a coalition of ideologies was formed that was known as "the Three Leg Stool " — the three legs being social conservatives (consisting of the Christian right and paleo-conservatives ), war hawks (consisting of interventionists and neoconservatives ), and fiscal conservatives (consisting of right-libertarians and free-market capitalists ), with overlap between
3920-490: The 2016 presidential campaign, Texas Senator Ted Cruz "accused Trump of not being a true conservative" and warned Republicans that Trump would nominate liberal judges. While consulting with conservative think tank The Heritage Foundation to create a list of nominees, Trump stated: "I'm going to submit a list of justices, potential justices of the United States Supreme Court, that I will appoint from
4018-415: The 21 individuals spoke at the society's annual convention in late November 2016, while nearly all of the others were in attendance. Federalist Society members generally chose not to criticize Trump, and Politico described the Federalist Society membership as "elite, conservative lawyers who have generally chosen to give Trump a pass on his breaches of long-cherished legal norms and traditions in exchange for
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4116-600: The American conservative movement has been fractured for a century. Political conservatives have emphasized an identification with the Founding Fathers of the United States and the U.S. Constitution . Scholars of conservative political thought "generally label John Adams as the intellectual father of American conservatism". Russell Kirk points to Adams as the key Founding Father for conservatives, saying that "some writers regard him as America's most important conservative public man". In 1955, Clinton Rossiter ,
4214-587: The Constitution according to its original meaning", and it plays a central role in networking and mentoring young conservative lawyers. According to Amanda Hollis-Brusky , the Federalist Society "has evolved into the de facto gatekeeper for right-of-center lawyers aspiring to government jobs and federal judgeships under Republican presidents." It vetted President Donald Trump 's list of potential U.S. Supreme Court nominees; in March 2020, 43 out of 51 of Trump's appellate court nominees were current or former members of
4312-463: 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 bar association gave Ronald Reagan's judicial nominees Richard Posner and Frank H. Easterbrook its lowest possible ratings of "qualified/not qualified", and Judges Posner and Easterbrook have gone on to become
4410-736: The District of Columbia that required guns to be kept "unloaded and disassembled or bound by a trigger lock ". The Federalist Society had a significant influence on the Citizens United Supreme Court ruling which weakened regulations on campaign finance by finding that the free speech clause of the First Amendment to the Constitution prohibits the government from restricting independent expenditures for communications by nonprofit corporations, for-profit corporations, labor unions, and other associations. The ideas of
4508-649: The Federalist Society "provides the enduring climate within which storms on the right come and go" and that "Much of the Federalist Society's influence comes not from its very public Washington victories but from its behind-the-scenes, grass-roots ability to shift the law at the idea level, even the cultural level." The Federalist Society lobbies for no particular policies, it does not sign amicus briefs , and it does not represent clients in cases. Amanda Hollis-Brusky, political science associate professor at Pomona College, and Calvin TerBeek, Ph.D. candidate in political science at
4606-495: The Federalist Society filed a lawsuit or brief in any litigation, and never once during that period has it passed any resolution advocating for or against any legal issue." In 2018, Politico Magazine wrote that "the organization had markedly and undeniably changed the nature of the judiciary." The Federalist Society has been described as influential during the presidencies of George H. W. Bush , George W. Bush and Donald Trump . The American Constitution Society , founded in 2001,
4704-871: The Federalist Society have presented oral arguments in every single abortion case that has been before the Supreme Court since 1992. According to the authors of Building Coalitions, Making Policy: The Politics of the Clinton, Bush, and Obama Presidencies (2012), "Federalist Society members declaim the notion that they are united around a particular philosophy," although many members have been associated with textualist or originalist methods of constitutional interpretation. Judicial restraint tends to align with conservative views on abortion and LGBT rights, while "Critics point out that conservatives are typically not so intent on following 'original meaning' in areas such as affirmative action, executive powers, free speech and federalism." Liberals have questioned "how suspiciously convenient it
4802-634: The Federalist Society were "at the intellectual heart" of National Federation of Independent Business v. Sebelius , which challenged the constitutionality of the Affordable Care Act (ACA), with members of the group playing a "mostly behind-the-scenes part in NFIB—and in many of the most significant conservative legal victories of the last 30 years." In her book on the history of the Federalist Society, political scientist Amanda Hollis-Brusky writes that "Federalist Society members had been invested in
4900-708: The Hayek–Friedman hypothesis of the necessity of economic freedom for political freedom holds well. Only in few cases, there was relatively high political freedom without high economic freedom, and even those cases diminished over time. A later study found just one clear counter-example, Belarus after 1991, and its freedom was lost over time. In his article "Why the Market Subverts Democracy", Robin Hahnel takes issue with Friedman's concept of economic freedom, asserting that there will be infringements on
4998-465: The Law Back from Liberals write that "Conservatives believe, however, that it is not appropriate for the government to promote racial balance. The essence of the conservative position is that there is no legal difference between considering race or gender for purposes of exclusion and considering race or gender for purposes of inclusion. They argue that both are harmful and make racial problems worse. On
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#17327722268345096-489: The Southern " Bible Belt " and in recent years played a major role in the political coalitions of George W. Bush and Donald Trump . Fiscal conservatism has ideological roots in capitalism , limited government , free enterprise , and laissez-faire economics. Fiscal conservatives typically support tax cuts , reduced government spending , free markets , deregulation , privatization , minimal government debt , and
5194-454: The U.S. Courts of Appeals had more conservative voting records than non-members. Critics say the organization favors judicial activism , in particular on social issues. Many members of the Federalist Society favored overturning Roe v. Wade , the Supreme Court ruling that permitted abortion, prior to its overturning in 2022. The organization tends to favor judges who take conservative stances on abortion rights and other social issues. Members of
5292-595: The United States Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other [REDACTED] [REDACTED] Conservatism in the United States is based on a belief in individualism , traditionalism , republicanism , and limited federal governmental power in relation to U.S. states . Conservatism
5390-557: The United States is not a single school of thought. According to American philosopher Ian Adams, all major American parties are " liberal and always have been. Essentially they espouse classical liberalism , that is a form of democratized Whig constitutionalism plus the free market . The point of difference comes with the influence of social liberalism ". American conservatives tend to support Christian values , moral absolutism , and American exceptionalism , while opposing abortion , euthanasia , and some LGBT rights (depending on
5488-554: The United States, " conservative " is often used very differently from the way it is used in Europe. Following the American Revolution , Americans rejected the then core ideals of European conservatism, which were based on landed nobility , hereditary monarchy , established churches , and powerful armies. Conservatives in the United States historically view individual liberty within the bounds of conservative values as
5586-491: The United States, this translates into hard-line stances on moral issues, such as opposition to abortion , LGBT rights , feminism , pornography , comprehensive sex education , and recreational drug use . Religious conservatives often assert that America is a Christian nation , calling for laws that enforce Christian morality . They often support school prayer , vouchers for parochial schools , and restricting or outlawing abortion . Social conservatives are strongest in
5684-538: The University of Chicago, dispute that the Federalist Society is non-partisan, pointing to documents written by the Federalist Society to donors in 1984 where the organization states that one of its missions is pushing conservative positions. In rebuttal to Hollis-Brusky and TerBeek, former Solicitor General Ted Olson also wrote in Politico Magazine pointing out that in 37 years of its existence never "has
5782-518: The academy, liberal originalist logic is, more and more, showing up in legal briefs and even in Supreme Court dissents." Members of the Federalist Society have opposed regulation of private property and private businesses, and have argued that specific regulations must be enacted by legislatures rather than courts or executives that interpret existing statutes and powers. Members of the Federalist Society have argued that courts should not take race into account when making decisions. For example, members of
5880-431: The administration of President Dwight D. Eisenhower , the ABA 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 before any other group. The society alleged that the bar association showed a liberal bias in its recommendations. Examples given included that while former Supreme Court clerks nominated to
5978-407: The aim of "securing individual freedom", because it permitted a possible "identification of freedom with power." The subsequent "collective power over circumstances" misappropriated "the physical 'ability to do what I want', the power to satisfy our wishes, or the extent of the choice of alternatives open to us." Hayek maintained that once any possible "identification of freedom with power is admitted,"
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#17327722268346076-502: The architects of constitutional claims at the core of lawsuits against the health-care plan." His participation in the legal challenge to the ACA was initiated at the Federalist Society's 2009 national convention, well before the ACA's passage in 2010. He co-authored a 16-page legal memorandum "that outlined a constitutional case against the health-care measure." The memorandum "became a source of talking points during congressional debate and laid
6174-745: The belief in America's "superiority against the cold reactionary monarchical and more rigidly status-bound system of European society". In terms of governmental economic policies, American conservatives have been heavily influenced by the classical liberal or libertarian tradition as expressed by Friedrich Hayek and Milton Friedman , and a major source of influence has been the Chicago school of economics . They have been strongly opposed to Keynesian economics . Traditional ( Burkean ) conservatives tend to be anti-ideological, and some would even say anti-philosophical, promoting, as Russell Kirk explained,
6272-484: The conceptual origins of freedom to ancient Greek politics. According to her study, the concept of freedom was historically inseparable from political action. Politics could only be practiced by those who had freed themselves from the necessities of life so that they could participate in the realm of political affairs. According to Arendt, the concept of freedom became associated with the Christian notion of freedom of
6370-626: The conservative group." Specific members mentioned for possible removal included John C. Eastman , chair of the Federalist Society's federalism and separation of powers practice group, who made claims about election fraud at a Trump rally on January 6, 2021—the day of the Capitol attack . Others mentioned included Texas Senator Ted Cruz and Missouri Senator Josh Hawley , who voted against the certification of election results. 38°54′03″N 77°02′28″W / 38.9009°N 77.0412°W / 38.9009; -77.0412 Conservatism in
6468-527: The curtain and trying to predetermine results" and that "There are liberals who work really hard at trying to develop a neutral, originalist approach to interpretation...The fact that people may come out differently occasionally—that's okay. Half the battle is just agreeing that it is essential." Increasingly, according to the magazine, "A number of liberal scholars have applied themselves to the task of showing how, in fact, originalist approaches can yield progressive results. As this train of thought has flowed out of
6566-699: The divide between the left and the right led to violent polarization, starting with the French Revolution . In 2009, Emory University history professor Patrick Allitt wrote that attitude, not policy, are at the core of differences between liberals and conservatives: Certain continuities can be traced through American history. The conservative 'attitude' ... was one of trusting to the past, to long-established patterns of thought and conduct, and of assuming that novelties were more likely to be dangerous than advantageous. No American party has ever advocated traditional European ideals of "conservatism" such as
6664-416: The economy is wasteful, corrupt, and immoral. Fiscal conservatism advocates restraint of progressive taxation and expenditure. Fiscal conservatives since the 19th century have argued that debt is a device to corrupt politics; they argue that big spending ruins the morals of the people, and that a national debt creates a dangerous class of speculators. A political strategy employed by conservatives to achieve
6762-494: The enabling of a group or individual to determine their own life or realize their own potential. In this sense, freedom may include freedom from poverty, starvation, treatable disease, and oppression as well as freedom from force and coercion, from whomever they may issue. According to neoliberal philosopher and economist Friedrich Hayek , the "socialist argument" defined "individual liberty" as " 'freedom from' obstacles". He argued that this definition only "confused" and obscured
6860-501: The era, we are, without reservations, on the libertarian side. The profound crisis of our era is, in essence, the conflict between the Social Engineers, who seek to adjust mankind to scientific utopias, and the disciples of Truth, who defend the organic moral order. We believe that truth is neither arrived at nor illuminated by monitoring election results, binding though these are for other purposes, but by other means, including
6958-491: The featured speakers argued that Special Counsel Robert Mueller 's investigation into Russian interference in the 2016 election was unconstitutional. In January 2021, some members of the Federalist Society, such as Jeremy Rosen, an appellate lawyer in Los Angeles, argued that members who assisted Trump in the spreading of false claims of election fraud during the 2020 U.S. presidential election should be "distanced from
7056-512: The framework for subsequent court challenges; Barnett represented one of the plaintiffs." Barnett said the Federalist Society "involves people, gets them interested, and they oftentimes will do something about that." Legal positions in the George W. Bush administration were overwhelmingly staffed with Federalist Society members. Approximately half of Bush's nominees for appellate court judgeships were Federalist Society members. The Bush administration
7154-422: The freedom of others whenever anyone exercises their own economic freedom. He argues that such infringements produce conflicts that are resolved through property rights systems, and therefore it is essential to decide what is a better or a worse property rights system, yet Friedman simply takes for granted the existing property rights and does not question them. Political philosopher Nikolas Kompridis posits that
7252-423: The fundamental trait of democracy . They typically believe in a balance between federal government and states' rights . Apart from some right-libertarians , American conservatives tend to favor strong action in areas they believe to be within government's legitimate jurisdiction, particularly national defense and law enforcement while opposing government intervention in social issues such as healthcare and
7350-499: The gift of Supreme Court Justice Neil Gorsuch." Former Federalist Society executive vice president Leonard Leo said: "What President Trump has done with judicial selection and appointments is probably at the very center of his legacy, and may well be his greatest accomplishments thus far." In May 2018, the Federalist Society hosted a phone call entitled "examining the legality of the Mueller Investigation", where one of
7448-583: The group have argued that civil rights cases involving racially discriminatory policies should not consider race, but rather the individuals involved. Federalist Society members were extensively involved with the Parents Involved in Community Schools v. Seattle School District No. 1 ruling where the Supreme Court struck down voluntary desegregation plans in several jurisdictions. The authors of The Federalist Society: How Conservatives Took
7546-570: The group is "akin to an excited synapse in a sprawling hive mind with no one actually in charge." Montgomery called the Federalist Society "a remarkably successful example of what political scientists call a ' political epistemic community '," echoing Amanda Hollis-Brusky , who described the Federalist Society as "an interconnected network of experts with policy-relevant knowledge who share certain beliefs and work to actively transmit and translate those beliefs into policy." Former Federalist Society executive vice president Leonard Leo has said "he endorses
7644-468: The judicial selection process may not be the group's most important impact. Instead, the "supply-and-demand relationship between the judges and the network" may be paramount, with judges needing "scholarship and arguments extending Federalist principles into new areas. Where new legal theories depart from the status quo, they need them to be vetted and legitimized through public debate. They require targeted cases raising questions that provide an opening to move
7742-427: The law. Without professors and lawyers in the network filling that demand, you're not going to maximize what you got through the electoral process." According to professor Lawrence Baum , the administrations of Ronald Reagan and George W. Bush "aimed to nominate conservative judges, and membership in the Federalist Society was a proxy for adherence to conservative ideology." The Washington Post Magazine wrote that
7840-521: The legal profession, the judiciary , and the legal academy. It is one of the most influential legal organizations in the United States. The Federalist Society was founded in 1982 by a group of students from Yale Law School , Harvard Law School , and The University of Chicago Law School with the aim of challenging liberal or left-wing ideology within elite American law schools and universities. The organization's stated objectives are "checking federal power, protecting individual liberty and interpreting
7938-511: 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." Its logo is a silhouette of former President and Constitution author James Madison , who co-wrote The Federalist Papers . Commissioner Paul S. Atkins of the U.S. Securities and Exchange Commission considered society members "the heirs of James Madison's legacy" in
8036-473: The list. I won't go beyond that list." The Federalist Society was influential in the Trump administration, hand-selecting Supreme Court Justice Neil Gorsuch and recruiting a slate of conservative judges to fill vacancies throughout the federal judiciary. The society helped to assemble the list of 21 people from which Trump said he would choose a nominee to replace Antonin Scalia on the U.S. Supreme Court. Nine of
8134-452: The litigation efforts against the ACA well before the Act was signed into law—before there was even anything concrete to litigate against." Libertarian law professor Randy Barnett attended his first Federalist Society event in 1986 and found the group "open to testing a diversity of ideas". He became a "leading voice of the growing libertarian wing of the Federalist Society, and he became one of
8232-481: The movement's history. In 1937, Southern Democrats formed the congressional conservative coalition , which played an influential role in Congress from the late 1930s to the mid-1960s. In recent decades, Southern conservatives voted heavily Republican. Conservatism in the United States is not a single school of thought. Barry Goldwater in the 1960s spoke for a " free enterprise " conservatism. Jerry Falwell in
8330-408: The name of the Federalist Society. Rather, society events provide the proving ground where they hone their arguments, seize a chance to shine and come to the attention of mentors higher up in the political-legal hierarchy. In that sense, the Federalist Society is a talent network and placement agency as well." A 2008 study found that Federalist Society members appointed by Republican administrations to
8428-501: The negative liberty-centric view endorsed by capitalism as "selfish freedom". Anarcho-capitalists see negative rights as a consistent system. Ayn Rand described it as "a moral principle defining and sanctioning a man's freedom of action in a social context". To such libertarians, positive liberty is contradictory since so-called rights must be traded off against each other, debasing legitimate rights which by definition trump other moral considerations. Any alleged right which calls for
8526-557: The network theory of the society," saying, "It's less about who gets what job and more about building a community that can be self-perpetuating and self-sustaining and self-driving." Steven Teles, a professor of political science at Johns Hopkins University and the author of The Rise of the Conservative Legal Movement: The Battle for Control of the Law , wrote that the Federalist Society's influence on
8624-465: The other hand, many civil rights advocates believe that because our history has been one of the systematic exclusion of racial minorities and women from social, political, and economic institutions and from positions of power and influence, the conservative view leads to the continuation of exclusion and retards society's ability to move toward inclusion." Members of the Federalist Society have forcefully argued against regulations on guns. Members hold that
8722-519: The politicians). They tend to favor economic liberalism , and are generally pro- business and pro- capitalism , while opposing communism and labor unions . They often advocate for a strong national defense , gun rights , capital punishment , and a defense of Western culture from perceived threats posed by communism , Islamism and moral relativism . American conservatives may question epidemiology , climate change , and evolution more frequently than moderates or liberals . In
8820-528: The preservation of traditional cultural values , restrictions on illegal immigration , and strict law and order policies. In the United States, there has never been a national political party called the Conservative Party. Since 1962, there has been a small Conservative Party of New York State . During Reconstruction in several states in the South in the late 1860s, the former Whigs formed
8918-699: The pursuit of freedom in the modern era can be broadly divided into two motivating ideals, namely freedom as autonomy or independence and freedom as the ability to cooperatively initiate a new beginning. Political freedom has also been theorized in its opposition to and a condition of power relations, or the power of action upon actions, by Michel Foucault . It has also been closely identified with certain kinds of artistic and cultural practice by Cornelius Castoriadis , Antonio Gramsci , Herbert Marcuse , Jacques Rancière and Theodor Adorno . Environmentalists often argue that political freedoms should include some constraint on use of ecosystems . They maintain there
9016-614: The sides . In the 21st century United States, types of conservatism include: In February 1955, in the first issue of National Review , William F. Buckley Jr. explained the standards of his magazine and articulate the beliefs of American conservatives: Among our convictions: It is the job of centralized government (in peacetime) to protect its citizens' lives, liberty and property. All other activities of government tend to diminish freedom and hamper progress. The growth of government (the dominant social feature of this century) must be fought relentlessly. In this great social conflict of
9114-493: The society. In January 2019, The Washington Post wrote that the Federalist Society had reached an "unprecedented peak of power and influence." Of the current nine members of the Supreme Court of the United States , at least five are current or former members of the organization— Brett Kavanaugh , Neil Gorsuch , Clarence Thomas , Samuel Alito , and Amy Coney Barrett . Chief Justice John Roberts previously served as
9212-473: The two most highly cited judges in the federal appellate judiciary. According to Politico Magazine , "Trump is president for a long list of reasons, of course, but near the top of that list is the imprimatur the Federalist Society granted him. He almost certainly couldn't have gotten what he wanted without the Federalists. And they almost certainly couldn't have gotten what they wanted without him." During
9310-399: The will , or inner freedom, around the 5th century CE and since then freedom as a form of political action has been neglected even though, as she says, freedom is "the raison d'être of politics". Arendt says that political freedom is historically opposed to sovereignty or will-power since in ancient Greece and Rome the concept of freedom was inseparable from performance and did not arise as
9408-656: Was explicitly started as a liberal analogue to the Federalist Society. In January 2020, the Committee on Codes of Conduct of the Judicial Conference of the United States circulated a proposed advisory opinion that would bar membership in the Federalist Society or the American Constitution Society for members of the judiciary. The proposed opinion would continue to allow membership in the American Bar Association (ABA). The proposed restriction
9506-431: Was harshly criticized for the decision to nominate Harriet Miers to the Supreme Court, with conservative critics arguing that she lacked a consistently conservative track record, did not have Federalist Society "credentials" and for her purported ties to the ABA (which conservatives considered to be liberal). After conservative outcry, Miers withdrew the nomination. The Bush administration went on to nominate Samuel Alito ,
9604-697: Was opposition to communism, which was seen not only as an enemy of the traditional order but also the enemy of Western freedom and democracy. Between 1945 and 1947, it was the Labour government in the United Kingdom, which embraced socialism, that pushed the Truman administration to take a strong stand against Soviet Communism . Social conservatism in the United States is the defense of traditional family values rooted in Judeo-Christian ethics and
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