Strengthening Constitutional Self-Government

No Left Turns

Federalists in Exile?

For Jesse Jackson, Bush’s ten most "radical" judicial nominees stand (or sit) ready to jeopardize "Our entire way of life." This rhetoric adds nothing new to the debate over the nominees, and I might even be willing to accept it as part and parcel of partisan politics. But I can’t overlook this mischaracterization:

Bush isn’t nominating conservative judges as his father did; he’s nominating radicals, vetted by the right-wing Federalist Society, and dedicated to advancing the movement’s agenda through the courts .... The Federalist Society is dominated by an obscure sect that believes in the "Constitution in exile." Essentially, adherents argue for a return to the 19th century jurisprudence of the Gilded Age -- calling on judges to overturn the New Deal jurisprudence that empowered Congress to regulate the economy, defend workers, protect the environment and consumers, and hold corporations accountable. No, I’m not kidding, and neither are they.

The "Constitution in exile" tag is becoming a favorite and derisive label of the left that practically no one on the right takes seriously enough to dignify it with a response. But someone at the Federalist Society might want to update the mailing list, I didn’t get the "we-believe-the-Constitution-is-in-exile" memo, but evidently Jesse did.

Discussions - 3 Comments

Here is an interesting online debate between Randy Barnett and Cass Sunstein about the "Constitution in Exile."

God forbid that those evil Federalists host debates about legal issues. They must be part of an "obscure sect."

Jesse Jackson evaluating the qualifications of judges is an obscene joke. It is right up there with Larry Flynt preaching on politicians’ ethics.

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