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| federalist society national lawyers convention 2022: Supreme Disorder Ilya Shapiro, 2020-09-22 NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL 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. |
| federalist society national lawyers convention 2022: Prison Break David Dagan, Steven Teles, 2016-05-02 American conservatism rose hand-in-hand with the growth of mass incarceration. For decades, conservatives deployed tough on crime rhetoric to attack liberals as out-of-touch elitists who coddled criminals while the nation spiraled toward disorder. As a result, conservatives have been the motive force in building our vast prison system. Indeed, expanding the number of Americans under lock and key was long a point of pride for politicians on the right - even as the U.S. prison population eclipsed international records. Over the last few years, conservatives in Washington, D.C. and in bright-red states like Georgia and Texas, have reversed course, and are now leading the charge to curb prison growth. In Prison Break, David Dagan and Steve Teles explain how this striking turn of events occurred, how it will affect mass incarceration, and what it teaches us about achieving policy breakthroughs in our polarized age. Combining insights from law, sociology, and political science, Teles and Dagan will offer the first comprehensive account of this major political shift. In a challenge to the conventional wisdom, they argue that the fiscal pressures brought on by recession are only a small part of the explanation for the conservatives' shift, over-shadowed by Republicans' increasing anti-statism, the waning efficacy of tough on crime politics and the increasing engagement of evangelicals. These forces set the stage for a small cadre of conservative leaders to reframe criminal justice in terms of redeeming wayward souls and rolling back government. These developments have created the potential to significantly reduce mass incarceration, but only if reformers on both the right and the left play their cards right. As Dagan and Teles stress, there is also a broader lesson in this story about the conditions for cross-party cooperation in our polarized age. Partisan identity, they argue, generally precedes position-taking, and policy breakthroughs are unlikely to come by reaching across the aisle, promoting compromise, or appealing to expert opinion. Instead, change happens when political movements redefine their own orthodoxies for their own reasons. As Dagan and Teles show, outsiders can assist in this process - and they played a crucial role in the case of criminal justice - but they cannot manufacture it. This book will not only reshape our understanding of conservatism and American penal policy, but also force us to reconsider the drivers of policy innovation in the context of American politics. |
| federalist society national lawyers convention 2022: Lawyers of the Right Ann Southworth, 2009-08-01 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. |
| federalist society national lawyers convention 2022: Woke, Inc Vivek Ramaswamy, 2023-08-15 In this instant New York Times bestseller, a young and successful entrepreneur makes the case that politics has no place in business, and sets out a new vision for the future of American capitalism. There's a new invisible force at work in our economic and cultural lives. It affects every advertisement we see and every product we buy, from our morning coffee to a new pair of shoes. Stakeholder capitalism makes rosy promises of a better, more diverse, environmentally friendly world, but in reality this ideology championed by America's business and political leaders robs us of our money, our voice, and our identity. Vivek Ramaswamy is a traitor to his class. He's founded multibillion-dollar enterprises, led a biotech company as CEO, he became a hedge fund partner in his 20s, trained as a scientist at Harvard and a lawyer at Yale, and grew up the child of immigrants in a small town in Ohio. Now he takes us behind the scenes into corporate boardrooms and five-star conferences, into Ivy League classrooms and secretive nonprofits, to reveal the defining scam of our century. The modern woke-industrial complex divides us as a people. By mixing morality with consumerism, America's elites prey on our innermost insecurities about who we really are. They sell us cheap social causes and skin-deep identities to satisfy our hunger for a cause and our search for meaning, at a moment when we as Americans lack both. This book not only rips back the curtain on the new corporatist agenda, it offers a better way forward. America's elites may want to sort us into demographic boxes, but we don't have to stay there. Woke, Inc. begins as a critique of stakeholder capitalism and ends with an exploration of what it means to be an American in 2021--a journey that begins with cynicism and ends with hope. |
| federalist society national lawyers convention 2022: The Words That Made Us Akhil Reed Amar, 2021-05-04 A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today. |
| federalist society national lawyers convention 2022: The Dubious Morality of Modern Administrative Law Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University, 2020-03-15 Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way. |
| federalist society national lawyers convention 2022: The Classical Liberal Constitution Richard A. Epstein, 2014-01-06 American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic |
| federalist society national lawyers convention 2022: Justice on Trial Mollie Hemingway, Carrie Severino, 2019-07-09 #1 NATIONAL BESTSELLER! Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a “national disgrace” and a “circus.” Justice on Trial, the definitive insider’s account of Kavanaugh’s appointment to the Supreme Court, is based on extraordinary access to more than one hundred key figures—including the president, justices, and senators—in that ferocious political drama. The Trump presidency opened with the appointment of Neil Gorsuch to succeed the late Antonin Scalia on the Supreme Court. But the following year, when Trump drew from the same list of candidates for his nomination of Brett Kavanaugh, the justice being replaced was the swing vote on abortion, and all hell broke loose. The judicial confirmation process, on the point of breakdown for thirty years, now proved utterly dysfunctional. Unverified accusations of sexual assault became weapons in a ruthless campaign of personal destruction, culminating in the melodramatic hearings in which Kavanaugh’s impassioned defense resuscitated a nomination that seemed beyond saving. The Supreme Court has become the arbiter of our nation’s most vexing and divisive disputes. With the stakes of each vacancy incalculably high, the incentive to destroy a nominee is nearly irresistible. The next time a nomination promises to change the balance of the Court, Hemingway and Severino warn, the confirmation fight will be even uglier than Kavanaugh’s. A good person might accept that nomination in the naïve belief that what happened to Kavanaugh won’t happen to him because he is a good person. But it can happen, it does happen, and it just happened. The question is whether America will let it happen again. |
| federalist society national lawyers convention 2022: Ideas with Consequences Amanda Hollis-Brusky, 2015 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. |
| federalist society national lawyers convention 2022: The Broken Constitution Noah Feldman, 2021-11-02 A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations |
| federalist society national lawyers convention 2022: Wasting a Crisis Paul G. Mahoney, 2016-11-11 In Securities Regulation Reassessed, Paul Mahoney shows that policy responses to financial crises are broadly similar across place and time: political actors, hoping to avoid blame for a financial crisis, create a narrative of market failure, arguing that misbehavior by securities market participants, rather than prior policy errors, is the primary cause of the crisis. Politically obliged regulators craft reforms that purport to solve problems which are either non-existent or only tangentially related to the crisis; yet they increase the complexity and expense of compliance, resulting in consolidation and concentration of market share in the hands of already leading financial firms. Securities Regulation Reassessed illustrates these points primarily but not exclusively with evidence from the New Deal-era securities reforms in the United States. Against the conventional wisdom that regards the New Deal reforms as successful, Mahoney provides substantial countervailing evidence, showing instead that Congress’s diagnoses were systematically inaccurate and its remedies reduced competition in the securities industry. Looking farther into history, the work treats several key episodes prior to the New Deal, including the English financial crises of 1697 and 1720 and the blue sky” era of the 1910s and 1920s in the United States. Finally, Mahoney considers the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act of 2010 from the same analytical perspective. Mahoney finds a predictable pattern for efforts at securities reform: they require huge effort to enact, and yield little objectively measurable payoff and some objectively measurable harm. |
| federalist society national lawyers convention 2022: The Unitary Executive Steven G. Calabresi, Christopher S. Yoo, 2008 This book provides a detailed historical and legal examination of presidential power and the theory of the unitary executive. |
| federalist society national lawyers convention 2022: The Torture Memos David Cole, 2009-09-08 On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's war on terror. Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law. |
| federalist society national lawyers convention 2022: No Equal Justice David Cole, 2010-10 First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication. |
| federalist society national lawyers convention 2022: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 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. |
| federalist society national lawyers convention 2022: Bleeding Out Thomas Abt, 2019-06-25 From a Harvard scholar and former Obama official, a powerful proposal for curtailing violent crime in America Urban violence is one of the most divisive and allegedly intractable issues of our time. But as Harvard scholar Thomas Abt shows in Bleeding Out, we actually possess all the tools necessary to stem violence in our cities. Coupling the latest social science with firsthand experience as a crime-fighter, Abt proposes a relentless focus on violence itself -- not drugs, gangs, or guns. Because violence is sticky, clustering among small groups of people and places, it can be predicted and prevented using a series of smart-on-crime strategies that do not require new laws or big budgets. Bringing these strategies together, Abt offers a concrete, cost-effective plan to reduce homicides by over 50 percent in eight years, saving more than 12,000 lives nationally. Violence acts as a linchpin for urban poverty, so curbing such crime can unlock the untapped potential of our cities' most disadvantaged communities and help us to bridge the nation's larger economic and social divides. Urgent yet hopeful, Bleeding Out offers practical solutions to the national emergency of urban violence -- and challenges readers to demand action. |
| federalist society national lawyers convention 2022: Enemy Aliens David Cole, 2003 The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens. |
| federalist society national lawyers convention 2022: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-16 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation |
| federalist society national lawyers convention 2022: HATE Nadine Strossen, 2018-04-02 The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about hate speech vs. free speech, showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As hate speech has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. Hate speech censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that hate speech are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous counterspeech and activism. |
| federalist society national lawyers convention 2022: The Second Founding Ilan Wurman, 2020-11-12 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. |
| federalist society national lawyers convention 2022: America's Constitution Akhil Reed Amar, 2012-02-29 In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. |
| federalist society national lawyers convention 2022: Liberty's Nemesis Dean Reuter, John Yoo, 2016-02-09 If there has been a unifying theme of Barack Obama’s presidency, it is the inexorable growth of the administrative state. Its expansion has followed a pattern: First, expand federal powers beyond their constitutional limits. Second, delegate those powers to agencies and away from elected politicians in Congress. Third, insulate civil servants from politics and accountability. Since its introduction in American life by Woodrow Wilson in the 20th Century, the administrative state’s has steadily undermined democratic self-government, reduced the sphere of individual liberty, and burdened the free market and economic growth. In Liberty’s Nemesis, Dean Reuter and John Yoo collect the brightest political minds in the country to expose this explosive, unchecked growth of power in government agencies ranging from health care to climate change, financial markets to immigration, and more. Many Americans have rightly shared the Founders’ fear of excessive lawmaking, but Liberty’s Nemesis is the first book to explain why the concentration of power in administrative agencies in particular is the greatest – and most overlooked – threat to our liberties today. If we fail to curb it, our constitutional republic might easily devolve into something akin to the statist governments of Europe. President Obama’s ongoing efforts to encourage just such a devolution, and the problems his administration faces as a consequence, present a critical opportunity to defend the original vision of the Constitution. |
| federalist society national lawyers convention 2022: The Hidden Nazi Dean Reuter, Keith Chester, Colm Lowery, 2019-10-08 He’s the worst Nazi war criminal you’ve never heard of Sidekick to SS Chief Heinrich Himmler and supervisor of Nazi rocket scientist Wernher von Braun, General Hans Kammler was responsible for the construction of Hitler’s slave labor sites and concentration camps. He personally altered the design of Auschwitz to increase crowding, ensuring that epidemic diseases would complement the work of the gas chambers. Why has the world forgotten this monster? Kammler was declared dead after the war. But the aide who testified to Kammler’s supposed “suicide” never produced the general’s dog tags or any other proof of death. Dean Reuter, Colm Lowery, and Keith Chester have spent decades on the trail of the elusive Kammler, uncovering documents unseen since the 1940s and visiting the purported site of Kammler’s death, now in the Czech Republic. Their astonishing discovery: US government documents prove that Hans Kammler was in American custody for months after the war—well after his officially declared suicide. And what happened to him after that? Kammler was kept out of public view, never indicted or tried, but to what end? Did he cooperate with Nuremberg prosecutors investigating Nazi war crimes? Was he protected so the United States could benefit from his intimate knowledge of the Nazi rocket program and Germany’s secret weapons? The Hidden Nazi is true history more harrowing—and shocking—than the most thrilling fiction. |
| federalist society national lawyers convention 2022: Alexander Hamilton's Famous Report on Manufactures United States. Department of the Treasury, Alexander Hamilton, 1892 |
| federalist society national lawyers convention 2022: Militant Democracy András Sajó, Lorri Rutt Bentch, 2004 This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism. |
| federalist society national lawyers convention 2022: The American Slave Coast Ned Sublette, Constance Sublette, 2015-10-01 American Book Award Winner 2016 The American Slave Coast offers a provocative vision of US history from earliest colonial times through emancipation that presents even the most familiar events and figures in a revealing new light. Authors Ned and Constance Sublette tell the brutal story of how the slavery industry made the reproductive labor of the people it referred to as breeding women essential to the young country's expansion. Captive African Americans in the slave nation were not only laborers, but merchandise and collateral all at once. In a land without silver, gold, or trustworthy paper money, their children and their children's children into perpetuity were used as human savings accounts that functioned as the basis of money and credit in a market premised on the continual expansion of slavery. Slaveowners collected interest in the form of newborns, who had a cash value at birth and whose mothers had no legal right to say no to forced mating. This gripping narrative is driven by the power struggle between the elites of Virginia, the slave-raising mother of slavery, and South Carolina, the massive importer of Africans—a conflict that was central to American politics from the making of the Constitution through the debacle of the Confederacy. Virginia slaveowners won a major victory when Thomas Jefferson's 1808 prohibition of the African slave trade protected the domestic slave markets for slave-breeding. The interstate slave trade exploded in Mississippi during the presidency of Andrew Jackson, drove the US expansion into Texas, and powered attempts to take over Cuba and other parts of Latin America, until a disaffected South Carolina spearheaded the drive to secession and war, forcing the Virginians to secede or lose their slave-breeding industry. Filled with surprising facts, fascinating incidents, and startling portraits of the people who made, endured, and resisted the slave-breeding industry, The American Slave Coast culminates in the revolutionary Emancipation Proclamation, which at last decommissioned the capitalized womb and armed the African Americans to fight for their freedom. |
| federalist society national lawyers convention 2022: Confronting Terror Dean Reuter, John Yoo, 2011-08-23 After the September 11, 2001 attacks the United States went to war. With thousands of Americans killed, billions of dollars in damage, and aggressive military and security measures in response, we are still living with the war a decade later. A change of presidential administration has not dulled controversy over the most fundamental objectives, strategies and tactics of the war, or whether it is even a war. This book clears the air over the meaning of 9/11, and sets the stage for a reasoned, clear, and considered discussion of the future with a collection of essays commemorating the 10th anniversary of the attacks. The contributors include supporters and critics of the war on terrorism, policymakers and commentators, insiders and outsiders, and some of the leading voices inside and outside government. |
| federalist society national lawyers convention 2022: An Introduction to Constitutional Law Randy E. Barnett, Josh Blackman, 2022-11-08 An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours. |
| federalist society national lawyers convention 2022: Taming Globalization Julian Ku, John Yoo, 2012-04-05 As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena. |
| federalist society national lawyers convention 2022: Constitutional Conscience H. Jefferson Powell, 2008-09-15 While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves. |
| federalist society national lawyers convention 2022: Judging Statutes Robert A. Katzmann, 2014-08-14 In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration. |
| federalist society national lawyers convention 2022: Property David Dana, Thomas W. Merrill, 2002 This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area. |
| federalist society national lawyers convention 2022: Rehabilitating Lochner David E. Bernstein, 2011-05-15 In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since. |
| federalist society national lawyers convention 2022: Федералист : политические эссе Александра Гамильтона, Джеймса Мэдисона и Джона Джея , 1993 |
| federalist society national lawyers convention 2022: Defending American Religious Neutrality Andrew Koppelman, 2013-01-01 Although it is often charged with hostility toward religion, First Amendment doctrine in fact treats religion as a distinctive human good. It insists, however, that this good be understood abstractly, without the state taking sides on any theological question. Here, a leading scholar of constitutional law explains the logic of this uniquely American form of neutrality—more religion-centered than liberal theorists propose, and less overtly theistic than conservatives advocate. The First Amendment’s guarantee of freedom of religion is under threat. Growing numbers of critics, including a near-majority of the Supreme Court, seem ready to cast aside the ideal of American religious neutrality. Andrew Koppelman defends that ideal and explains why protecting religion from political manipulation is imperative in an America of growing religious diversity. Understanding American religious neutrality, Koppelman shows, can explain some familiar puzzles. How can Bible reading in public schools be impermissible while legislative sessions begin with prayers, Christmas is an official holiday, and the words “under God” appear in the Pledge of Allegiance? Are faith-based social services, public financing of religious schools, or the teaching of intelligent design constitutional? Combining legal, historical, and philosophical analysis, Koppelman shows how law coherently navigates these conundrums. He explains why laws must have a secular legislative purpose, why old, but not new, ceremonial acknowledgments of religion are permitted, and why it is fair to give religion special treatment. |
| federalist society national lawyers convention 2022: Order from Transfer Günter Frankenberg, 2013-01-01 ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory. |
| federalist society national lawyers convention 2022: The Rise of the Conservative Legal Movement Steven Michael Teles, 2008-01-01 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. |
| federalist society national lawyers convention 2022: You Can't Say That! David E. Bernstein, 2003-10-25 In a misguided attempt to eradicate every vestige of discrimination in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates. |
| federalist society national lawyers convention 2022: The Decline of Natural Law Stuart Banner, 2021 The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law. |
| federalist society national lawyers convention 2022: Our Dear-Bought Liberty Michael D. Breidenbach, 2021-05-25 How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority. |
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Sep 11, 2024 · As The Federalist’s Jordan Boyd previously noted, “ Accused rapists, repeat offenders, and rioters alike benefitted in June 2020 when Harris encouraged her social media …
The Federalist: Religion, Politics, and Culture
The Federalist is a web magazine focused on culture, politics, and religion. Be lovers of freedom and anxious for the fray.
Latest news on politics, culture, and religion from The Federalist
The latest news: uncensored, interesting, and thoughtful from The Federalist, the top-visited center-right U.S. publication.
Most popular current news articles on The Federalist
Click here to see what current news articles The Federalist readers are reading right now about politics, religion, and culture.
Politics Archives - The Federalist
5 days ago · 12 Times The Federalist Called Out Biden’s Decline When Legacy Media Wouldn’t Shawn Fleetwood May 26, 2025 Politics
The Federalist's Guide To This Year's Biggest SCOTUS Cases
Apr 25, 2025 · As The Federalist’s Jordan Boyd reported, prior to the GOP governor’s directive, these taxpayer funds “would normally end up” in the pockets of extreme pro-abortion …
The Federalist's 2024 Battleground State Elections Guide
Oct 10, 2024 · Here’s all the information you need to understand the election process in swing states throughout the country this cycle. The Federalist Staff More Articles Share
Meet the many contributors to The Federalist
The Federalist uniquely features sharp writing from people from many walks of life who hail from across the United States and world.
A Trump Win On Birthright Citizenship Cases Will Not End Lawfare
May 13, 2025 · Margot Cleveland is an investigative journalist and legal analyst and serves as The Federalist’s senior legal correspondent.
John Cornyn Signals His Intent To Sabotage Trump Cabinet Pick
Nov 15, 2024 · But “Gaetz couldn’t very well critique the Department of Justice for their political prosecutions if he was a pariah who everyone thought was a pedophile,” as The Federalist’s …
25 Lies Kamala Harris Told In Her Debate Against Trump - The …
Sep 11, 2024 · As The Federalist’s Jordan Boyd previously noted, “ Accused rapists, repeat offenders, and rioters alike benefitted in June 2020 when Harris encouraged her social media …
