DOCSLIB.ORG

The Federalist Society and the “Structural Constitution:” an Epistemic Community at Work

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Federalist Society and the “Structural Constitution:” an Epistemic Community at Work The Federalist Society and the “Structural Constitution:” An Epistemic Community At Work by Amanda Lee Hollis-Brusky A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Robert A. Kagan, Co-Chair Professor Shannon C. Stimson, Co-Chair Professor Gordon Silverstein Professor Daniel A. Farber Spring 2010 The Federalist Society and the “Structural Constitution:” An Epistemic Community At Work © 2010 by Amanda Lee Hollis-Brusky Abstract The Federalist Society and the “Structural Constitution:” An Epistemic Community At Work by Amanda Lee Hollis-Brusky Doctor of Philosophy in Political Science University of California, Berkeley Professor Robert A. Kagan, Co-Chair Professor Shannon C. Stimson, Co-Chair This thesis contributes to an understanding of the pathways of civic influence into the least dangerous branch of American politics – the Judicial Branch. Specifically, this thesis examines the influence of the Federalist Society for Law and Public Policy – a conservative and libertarian legal network of more than 40,000 members – on twelve of the most salient Supreme Court decisions concerning federalism and the separation of powers over the last three decades. As a special case, it also examines Federalist Society influence on a subset of controversial Executive Branch policies issued under George W. Bush. To understand the unique nature of this civic group‟s influence, it establishes the Federalist Society for Law and Public Policy as a kind of epistemic community; i.e., a network of legal professionals and civic leaders bound together and shaped by a set of beliefs about law, the nature of government, and constitutional interpretation. Using this framework, it proceeds to demonstrate how individual members of the Federalist Society acted as “cognitive baggage handlers,” carrying these shared ideas into their roles as legal professionals (judges, academics, litigators, government officials). Finally, it evaluates the extent to which these actors were successful or not in diffusing their ideas into law and policy. It finds that while there is substantial evidence of Federalist Society influence in the areas of federalism and separation of powers, overall the results have been mixed. The final chapter examines why that was and speculates as to the conditions that might facilitate and frustrate epistemic community influence more generally. 1 2 This thesis is dedicated to: The late Nelson W. Polsby, who brought it to life with ten little words (you should study the Federalist Society as an epistemic community); Robert A. Kagan, Gordon Silverstein, Shannon C. Stimson, and Daniel A. Farber, who shepherded me through various stages of its development; My family on the east coast who keep me grounded; Sean, for his unwavering support, patience, and optimism; And Annabelle, whose laughter and smiles sustained me through the homestretch. i Table of Contents List of Tables and Figures iii Introduction 1 The Federalist Society as an Epistemic Community 6 Separation of Powers I: The Unitary Executive Theory in Court, 1983 – 1988 25 Separation of Powers II: The Non-Delegation Doctrine in Court, 1989 – 2001 46 Separation of Powers III: The Unitary Executive Theory in the Executive Branch, 67 2001 – 2008 Federalism I: The Commerce Clause in Court, 1992 – 2000 90 Federalism II: State Sovereignty in Court, 1996 – 1999 115 An Epistemic Community at Work on the “Structural Constitution” 140 Conclusion 166 Appendix (List of Interviews) 172 References 175 Notes 181 ii List of Tables and Figures Table 2.1 Participation by Federalist Society Network Actors, Citations to 33 Federalist Society Scholarship, and Citations to Originalist Sources in INS v. Chadha (1983) Table 2.2 Participation by Federalist Society Network Actors, Citations to 37 Federalist Society Scholarship, and Citations to Originalist Sources in Bowsher v. Synar (1986) Table 2.3 Participation by Federalist Society Network Actors, Citations to 40 Federalist Society Scholarship, and Citations to Originalist Sources in Morrison v. Olson (1988) Table 3.1 Participation by Federalist Society Network Actors, Citations to 55 Federalist Society Scholarship, and Citations to Originalist Sources in Mistretta v. United States (1989) Table 3.2 Participation by Federalist Society Network Actors, Citations to 58 Federalist Society Scholarship, and Citations to Originalist Sources in Clinton v. City of New York (1998) Table 3.3 Participation by Federalist Society Network Actors, Citations to 62 Federalist Society Scholarship, and Citations to Originalist Sources in Whitman v. American Trucking (2001) Table 4.1 Federalist Society Network Participants As Documented Signatories 76 on Office of Legal Counsel Memos, 2001-2008 Table 4.2 Catalogue of Citations to Federalist Society Scholarship and 78 Originalist Sources in Federalist Society Network Actor-Authored Office of Legal Counsel Opinions Authorizing the War on Terror, 2001-2003 Table 5.1 Participation by Federalist Society Network Actors, Citations to 100 Federalist Society Scholarship, and Citations to Originalist Sources in New York v. United States (1992) Table 5.2 Participation by Federalist Society Network Actors, Citations to 104 Federalist Society Scholarship, and Citations to Originalist Sources in United States v. Lopez (1995) Table 5.3 Participation by Federalist Society Network Actors, Citations to 109 Federalist Society Scholarship, and Citations to Originalist Sources in United States v. Morrison (2000) iii Table 6.1 Participation by Federalist Society Network Actors, Citations to 124 Federalist Society Scholarship, and Citations to Originalist Sources in Seminole Tribe v. Florida (1996) Table 6.2 Participation by Federalist Society Network Actors, Citations to 128 Federalist Society Scholarship, and Citations to Originalist Sources in Printz v. United States (1997) Table 6.3 Participation by Federalist Society Network Actors, Citations to 134 Federalist Society Scholarship, and Citations to Originalist Sources in Alden v. Maine (1999) Table 7.1 Number of Federalist Society Network Participants as Amici, 142 Counsel, and Judicial Decision-Makers in Chadha (1983) through American Trucking (2001) Table 7.2 Number of Sources of Federalist Society Scholarship Cited by Amici, 146 Counsel, and Judicial Decision-Makers in Chadha (1983) through American Trucking (2001) Table 7.3 Number of Citations to the Originalist Canon by Amici, Counsel, 150 and Judicial Decision-Makers in Chadha (1983) through American Trucking (2001) Table 7.4 Overall Impact of Federalist Society Network Ideas on Supreme 153 Court Majority and/or Concurring Opinions in Chadha (1983) through American Trucking (2001) Table 7.5 Relationship Between Federalist Society Network Participation and 155 Degree of Impact of Federalist Society Network Ideas in Majority and/or Concurring Opinions in Chadha (1983) through American Trucking (2001) Figure 1.1 Participation at Federalist Society National Meetings By Professional 10 Occupation, 1982-2008 iv Figure 1.2 The Federalist Society As An Epistemic Community 13 Figure 1.3 Most Active Federalist Society Participants in Conservative Media 19 Discussions of The Structural Constitution, 1981-2008 Figure 1.4 Top Twenty-Eight Most Frequent Participants at Federalist Society 21 National Conferences, 1982 – 2008 Figure 1.5 Epistemic Community Framework Applied to Judicial Branch 23 and Executive Branch Figure 4.1 Mentions of the “Unitary Executive” in Executive Branch Public 69 Papers,1981-2008 Figure 4.2 Number of Presidential Signing Statements Issued from Presidents 83 Reagan to Bush II including Number and Percentage of Statements that Raised a Constitutional Objection v Introduction ---------------------------------------------------------------------------------------------------- In just a quarter-century, the Federalist Society has transformed itself from a student organization into a vital, national institution... I share your devotion to the Constitution and I'm proud to be standing here with you tonight. I'm proud to be in such distinguished company as Justice Antonin Scalia... proud to be here with Justice Clarence Thomas... Justice Sam Alito... [and] Justice John Roberts. I appreciate the Secretary of Labor Elaine Chao joining us and she kindly brought her husband, Senator Mitch McConnell. From the great state of Alabama, Senator Jeff Sessions. I appreciate the attendance of former Attorney General Ed Meese, former Attorney General Bill Barr [and] how about your Master of Ceremonies, my good friend Ted Olson? - President George W. Bush, Address before the Federalist Society, November 15, 2007.1 How does the interpretation and application of the United States Constitution change over time? What role, if any, do civic actors play in that process? In 1994 a group of legal scholars submitted an amicus curiae (friend of the court) brief to the United States Supreme Court in United States v. Lopez, a case that successfully challenged the Gun Free School Zones Act. Though Lopez did not in fact raise a Second Amendment challenge, the brief laid out an argument, citing contemporary scholarly work, for why the Constitution‟s right to bear arms should be interpreted as an individual, not a collective right. Three years later, Justice Clarence Thomas referenced the exact same sources of scholarship in his concurring opinion in Printz v. United States (a case that
Load more

Recommended publications
  • Robert L. Tsai
    ROBERT L. TSAI Professor of Law American University The Washington College of Law 4300 Nebraska Avenue, N.W. Washington, D.C. 20016 202.274.4370 [email protected] roberttsai.com EDUCATION J.D. Yale Law School, 1997 The Yale Law Journal, Editor, Volume 106 Yale Law and Policy Review, Editor, Volume 12 Honorable Mention for Oral Argument, Harlan Fiske Stone Prize Finals, 1996 Morris Tyler Moot Court of Appeals, Board of Directors Allard K. Lowenstein International Human Rights Clinic B.A. University of California, Los Angeles, History & Political Science, magna cum laude, 1993 Phi Beta Kappa Highest Departmental Honors (conferred by thesis committee) Carey McWilliams Award for Best Honors Thesis: Building the City on the Hilltop: A Socio-Political Study of Early Christianity ACADEMIC APPOINTMENTS Temple University, Beasley School of Law Clifford Scott Green Chair and Visiting Professor of Constitutional Law, Fall 2019 Courses: Fourteenth Amendment History and Practice, Presidential Leadership Over Individual Rights American University, The Washington College of Law Professor of Law, May 2009—Present Associate Professor of Law (with tenure), June 2008—May 2009 Courses: Constitutional Law, Criminal Procedure, Jurisprudence, Presidential Leadership and Individual Rights, The First Amendment University of Georgia Law School Visiting Professor, Semester in Washington Program, Spring & Fall 2012 Course: The American Presidency and Individual Rights University of Oregon School of Law Associate Professor of Law (with tenure), 2007-08 Assistant Professor, 2002-07 2008 Lorry I. Lokey University Award for Faculty Excellence (via nomination & peer review) 2007 Orlando John Hollis Faculty Teaching Award Courses: Constitutional Law, Federal Courts, Free Speech, Equality, Religious Freedom, Civil Rights Litigation Yale University, Department of History Teaching Fellow, 1996, 1997 CLERKSHIPS The Honorable Hugh H.
    [Show full text]
  • Senate Confirms Kirkland Alum to Claims Court - Law360
    9/24/2020 Senate Confirms Kirkland Alum To Claims Court - Law360 Portfolio Media. Inc. | 111 West 19th Street, 5th floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Senate Confirms Kirkland Alum To Claims Court By Julia Arciga Law360 (September 22, 2020, 2:46 PM EDT) -- A Maryland-based former Kirkland & Ellis LLP associate will become a judge of the Court of Federal Claims for a 15-year term, after the U.S. Senate on Tuesday confirmed him by a 66-27 vote. Edward H. Meyers is a partner at Stein Mitchell Beato & Missner LLP, litigating bid protests, breach of contract disputes and copyright infringement. While at the firm, he served as counsel for one of the collection agencies in a 2018 consolidated protest action challenging the U.S. Department of Education's solicitation for student loan debt collection services. He clerked with Federal Claims Judge Loren A. Smith between 2005 and 2006 before spending six years as a Kirkland associate, where he worked as a civil litigator handling securities, government contracts, construction, insurance and statutory claims. He earned his bachelor's degree from Vanderbilt University and his law degree summa cum laude from Catholic University of America's Columbus School of Law — where he joined the Federalist Society and still remains a member. Judiciary committee members Sens. Dianne Feinstein, D-Calif., and Sheldon Whitehouse, D-R.I., had raised questions about Meyers' Federalist Society affiliation before Tuesday's vote, and he confirmed that he did speak to fellow members throughout his nomination process.
    [Show full text]
  • Who Trump Is Putting in Power by Jessica Huseman, Ian Macdougall and Rob Weychert Updated January 19, 2018
    THE CHOSEN H H H Who Trump Is Putting in Power by Jessica Huseman, Ian MacDougall and Rob Weychert Updated January 19, 2018 We’ve created an easy-to-print version of our cards showing President Trump’s key picks. Use them however you like: as con- versation-starting stocking stuffers, with students, or just to test your knowledge of the unfolding administration. Enjoy — and let us know what you do with them! PROPUB.LI/CABINET-CARDS REX TILLERSON SECRETARY OF STATE H Confirmed by the Senate (56–43) REX TILLERSON SECRETARY OF STATE YOUR READING GUIDE H Tillerson is the former CEO of Exxon Mobil. At the State Department, he has overseen a massive downsizing, which resulted in what the New Yorker called “the near-dismantling of America’s diplomatic corps.” He originally supported Jeb Bush for president, and he has had a tumultuous relationship with Trump. He reportedly called the president a “moron” after a July 2017 meeting with other senior officials. For his part, Trump has repeatedly undermined Tillerson, and rumors of Tillerson’s impending departure from Foggy Bottom have dogged him for much of his tenure. PROPUB.LI/CABINET-CARDS STEVE MNUCHIN SECRETARY OF THE TREASURY H Confirmed by the Senate (53–47) STEVE MNUCHIN SECRETARY OF THE TREASURY YOUR READING GUIDE H The former Goldman Sachs banker served as Trump’s campaign finance chairman. Mnuchin was a key booster for the recent tax cut. Reports that he and his wife, Louise Linton (who also generated controversy for comments viewed as tone-deaf), used a government plane to fly to Kentucky to see an eclipse triggered an investigation by Treasury’s Inspector General.
    [Show full text]
  • Administration of Donald J. Trump, 2017 Remarks at the National Rifle Association Leadership Forum in Atlanta, Georgia April 28
    Administration of Donald J. Trump, 2017 Remarks at the National Rifle Association Leadership Forum in Atlanta, Georgia April 28, 2017 Thank you, Chris, for that kind introduction and for your tremendous work on behalf of our Second Amendment. Thank you very much. I want to also thank Wayne LaPierre for his unflinching leadership in the fight for freedom. Wayne, thank you very much. Great. I'd also like to congratulate Karen Handel on her incredible fight in Georgia Six. The election takes place on June 20. And by the way, on primaries, let's not have 11 Republicans running for the same position, okay? [Laughter] It's too nerve-shattering. She's totally for the NRA, and she's totally for the Second Amendment. So get out and vote. She's running against someone who's going to raise your taxes to the sky, destroy your health care, and he's for open borders—lots of crime—and he's not even able to vote in the district that he's running in. Other than that, I think he's doing a fantastic job, right? [Laughter] So get out and vote for Karen. Also, my friend—he's become a friend—because there's nobody that does it like Lee Greenwood. Wow. [Laughter] Lee's anthem is the perfect description of the renewed spirit sweeping across our country. And it really is, indeed, sweeping across our country. So, Lee, I know I speak for everyone in this arena when I say, we are all very proud indeed to be an American.
    [Show full text]
  • Case 1:19-Cv-00960 Document 1 Filed 04/04/19 Page 1 of 43
    Case 1:19-cv-00960 Document 1 Filed 04/04/19 Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF CALIFORNIA, by and through Attorney General Xavier Becerra, STATE OF OREGON, by and through Attorney General Ellen F. Rosenblum, and STATE OF MINNESOTA, by and through Attorney General Keith Ellison, Plaintiffs, Case No. 19-960 v. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF DONALD J. TRUMP, President of the United States of America; MICK MULVANEY, Director of the Office of Management and Budget; RICK PERRY, Secretary of Energy, U.S. Department of Energy; ELAINE L. CHAO, Secretary of Transportation, U.S. Department of Transportation; R. ALEXANDER ACOSTA, Secretary of Labor, U.S. Department of Labor; DAVID BERNHARDT, Acting Secretary of the Interior, U.S. Department of the Interior; ANDREW WHEELER, Administrator, U.S. Environmental Protection Agency; and ALEX M. AZAR II, Secretary of Health and Human Services, U.S. Department of Health and Human Services, Defendants. INTRODUCTION 1. The State of California, by and through its Attorney General Xavier Becerra, the State of Oregon, by and through its Attorney General Ellen F. Rosenblum, and the State of Minnesota, by and through its Attorney General Keith Ellison (together, Plaintiff States), bring this action for declaratory and injunctive relief to challenge (1) Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs,” hereinafter Order), dated January 30, 1 Case 1:19-cv-00960 Document 1 Filed 04/04/19 Page 2 of 43 2017 and published in the Federal Register on February 3, 2017 (82 Fed.
    [Show full text]
  • The Tea Party Movement As a Modern Incarnation of Nativism in the United States and Its Role in American Electoral Politics, 2009-2014
    City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 10-2014 The Tea Party Movement as a Modern Incarnation of Nativism in the United States and Its Role in American Electoral Politics, 2009-2014 Albert Choi Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/343 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] The Tea Party Movement as a Modern Incarnation of Nativism in the United States and Its Role in American Electoral Politics, 2009-2014 by Albert Choi A master’s thesis submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Master of Arts, The City University of New York 2014 i Copyright © 2014 by Albert Choi All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. ii This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Master of Arts. THE City University of New York iii Abstract The Tea Party Movement as a Modern Incarnation of Nativism in the United States and Its Role in American Electoral Politics, 2009-2014 by Albert Choi Advisor: Professor Frances Piven The Tea Party movement has been a keyword in American politics since its inception in 2009.
    [Show full text]
  • NKU CHASE Volume 9, No.1
    Spring 2012 nKu CHASe volume 9, no.1 Women in the law on the cover: our First Women graduates Class of 1921 From the Dean n this issue of NKU Chase Lawyer, we celebrate the success of our women graduates. The law school graduated its first women in 1921. Since then, women have continued to be part of the Interim Editor IChase law community and have achieved success in a David H. MacKnight wide range of fields. At the same time, it is important to Associate Dean for Advancement recognize that there is much work to be done. Design If we are to be true to our school’s namesake, Chief Paul Neff Design Justice Salmon P. Chase, Chase College of Law should be a leader in promoting gender diversity. As Professor Photography Richard L. Aynes, a constitutional scholar, pointed out Wendy Lane in his 1999 article1, Chief Justice Chase was an early Advancement Coordinator supporter of the right of women to practice law. In 1873, then Chief Justice Chase cast John Petric the sole dissenting vote in Bradwell v. Illinois, a case in which the Court in a 8-1 decision Image After Photography LLC upheld the Illinois Supreme Court’s refusal to admit Myra Bradwell to the bar on the Bob Scheadler grounds that she was a married woman. The Court’s refusal to grant Mrs. Bradwell the Daylight Photo relief she sought is all the more notable because three of the justices who voted to deny her relief had previously dissented vigorously in The Slaughter-House Cases, a decision in Timothy D.
    [Show full text]
  • The Federalist Society for Law and Public Policy Studies 2009 Annual Report
    The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. 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 is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community.
    [Show full text]
  • Conversations with Bill Kristol
    Conversations with Bill Kristol Guest: Adam J. White Research Scholar, American Enterprise Institute Executive Director, George Mason Law School’s C. Boyden Gray Center Taped September 11, 2019 Table of Contents I. On the Supreme Court Today (0:15 – 44:19) II: The Conservative Legal Movement (44:19 – 1:21:17) I. On the Supreme Court Today (0:15 – 44:19) KRISTOL: Hi, I’m Bill Kristol. Welcome to CONVERSATIONS. I’m joined by my friend, Adam White, who has recently moved from The Hoover Institution to The American Enterprise Institute, where you’re – what’s your distinguished title there? Visiting? Resident Scholar? WHITE: Resident Scholar. KRISTOL: Did you have the same high title at Hoover, or was it just a visiting scholar? You were a resident scholar there. [Laughter] WHITE: I felt appreciated at Hoover too. KRISTOL: That’s good, yes. Anyway AEI has a new program in Social, Cultural and Constitutional Studies, which is great and you’re going to be a key part of that. You’ve obviously been a very – a lawyer and a commentator on all matters legal, judicial, the courts and the administrative state for The Weekly Standard and many other journals. And we had a conversation previously about the courts and the administrative state, before the Trump administration began I guess, I think – right? WHITE: Yeah. KRISTOL: But today we’re going to talk about the Judiciary. Kind of an important topic, a key talking point of Trump supporters, and maybe legitimately so. And I guess I’d like to begin with sort of 30,000 feet.
    [Show full text]
  • Olin Foundation in 1953, Olin Embarked on a Radical New Course
    THE CHRONICLE REVIEW How Right­Wing Billionaires Infiltrated Higher Education By Jane Mayer FEBRUARY 12, 2016 ​ If there was a single event that galvanized conservative donors to try to wrest control of higher ​ education in America, it might have been the uprising at Cornell University on April 20, 1969. That afternoon, during parents’ weekend at the Ithaca, N.Y., campus, some 80 black students marched in formation out of the student union, which they had seized, with their clenched fists held high in black­power salutes. To the shock of the genteel Ivy League community, several were brandishing guns. At the head of the formation was a student who called himself the "Minister of Defense" for Cornell’s Afro­American Society. Strapped across his chest, Pancho Villa­style, was a sash­like bandolier studded with bullet cartridges. Gripped nonchalantly in his right hand, with its butt resting on his hip, was a glistening rifle. Chin held high and sporting an Afro, goatee, and eyeglasses reminiscent of Malcolm X, he was the face of a drama so infamous it was regarded for years by conservatives such as David Horowitz as "the most disgraceful occurrence in the history of American higher education." John M. Olin, a multimillionaire industrialist, wasn’t there at Cornell, which was his alma mater, that weekend. He was traveling abroad. But as a former Cornell trustee, he could not have gone long without seeing the iconic photograph of the armed protesters. What came to be ​ ​ known as "the Picture" quickly ricocheted around the world, eventually going on to win that year’s Pulitzer Prize.
    [Show full text]
  • 2020 Federalist Society 1L Welcome Letter
    August 2020 President's Welcome to 1L's As President of the NSU Federalist Society, I personally would like to welcome you to the Shepard Broad College of Law. Over the next three years you will be trying to learn how our legal system works and what the law is. You may also learn how much you did not know about our federal system of government and its Constitutional underpinnings (what 8th grade civics never taught you). Unfortunately, some instructors may focus on how they think the law ought to be. This may be understandable in a university environment where practicality gives way to theory. However, theirs is not the only view of the world of law and that is one reason for The Federalist Society. The Society seeks to broaden the debate and provide an alternative view to that often encountered in law schools across the nation. To quote from The Federalist Society's statement of purpose: "Law schools and the legal profession are currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. "The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. 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 is emphatically the province and duty of the judiciary to say what the law is, not what it should be.
    [Show full text]
  • Debate Over Heat Stress Bill Goes Before House Subcommittee
    nsc.org VOL. 48, NO. 8 | august 2019 Debate over heat stress bill goes before House subcommittee uestions about how to protect work- Qers from heat-related illnesses took center stage during a July 11 hearing con- vened by the House Workforce Protec- tions Subcommittee. Much of the discussion focused on H.R. 3668, introduced July 10 by Rep. Judy Chu (D-CA). The bill would direct OSHA to create, within 42 months, a final stan- dard that mandates workers in high-heat environments – indoors or outdoors – have paid breaks in cool spaces, access to water and limited exposure to heat. It also would require employers to educate workers on risk factors and procedures for responding to symptoms of heat-related illnesses. California, Minnesota, Washington 70,000 were injured as a result of “excessive 2. The hazard was recognized. state and the U.S. military have adopted environmental heat.” 3. The hazard was causing or was likely to their own heat protection standards. The Republicans on the subcommit- cause death or physical harm. “Extending those protections to all tee expressed concerns about a one-size- 4. A feasible and useful method to correct workers should be common sense,” Chu fits-all approach to preventing heat-related the hazard was available. said in a July 11 press release. “Passage of illnesses, given the varied climates across this bill will ensure that all workers ben- the country. They also touted the use of Adams also pointed to the Occupa- efit from safe conditions whenever they OSHA’s General Duty Clause. The clause, tional Safety and Health Review Com- work in excessive heat environments, no however, requires the agency to check off mission’s decision in February regarding matter where they live.” each part of a four-part test before citing A.H.
    [Show full text]