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There are few intellectual movements in modern American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization gradually evolved into the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It claims 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper.
In Ideas with Consequences, Amanda Hollis-Brusky provides the first comprehensive account of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she explains how the Federalist Society managed to revolutionize the jurisprudence for a wide variety of important legal issues. Many of these issues-including the extent of federal government power, the scope of the 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. As Hollis-Brusky shows, the Federalist Society provided several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges and legitimizes novel interpretations of the constitution that employ a conservative framework. It also provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. As a consequence, it is able to exercise enormous influence on important cases at every level.
A far-reaching analysis of some of the most controversial political and legal issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever.
- Sales Rank: #433782 in Books
- Published on: 2015-01-30
- Original language: English
- Number of items: 1
- Dimensions: 6.40" h x 1.00" w x 9.30" l, .0 pounds
- Binding: Hardcover
- 264 pages
Review
"Ideas have consequences because they develop in social networks of power and influence. In this impressive work, Amanda Hollis-Brusky shows how the Federalist Society network of lawyers, judges, scholars, and activists successfully pushed American constitutional law to the right. This book is an important contribution to the study of constitutional change."
--Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School
"A valuable, well-researched addition to the growing literature on the conservative legal network. Rich in detail, thoughtful in execution."
--Michael Greve, George Mason University School of Law
"Ideas with Consequences is a major achievement. Hollis-Brusky makes skillful use of a large body of evidence within her theoretical framework to illuminate the role of the Federalist Society in shaping legal doctrine in the Supreme Court. In the process, she provides a richer understanding of how political and intellectual networks help to bring about constitutional change."
--Lawrence Baum, The Ohio State University
"The Federalist Society takes no positions, files no lawsuits, lobbies no legislators, and gives no political contributions. It is a debating society-though perhaps the most important one in American constitutional history since Hamilton, Jefferson, and Madison had dinner by themselves. In Ideas with Consequences, Amanda Hollis-Brusky shows how a loosely-organized group of lawyers, students, and professors with little of the conventional signs of political power have had such a profound influence on constitutional law. Students and scholars of the Constitution in both law and politics will want to read this book."
--John Yoo, Emanuel S. Heller Professor of Law, University of California at Berkeley School of Law
"A fascinating, convincing, and highly readable account of how the Federalist Society has contributed significantly to the Supreme Court's conservative turn and to fundamental changes in constitutional doctrine."
--Ann Southworth, Professor of Law, University of California, Irvine
"...this is an excellent account of how an ambitious, and intellectually fearless, organ-iza-tion has proved to be remarkably talented at facilitating constitutional change."
-- Weekly Standard Magazine
"Using rich archival research and interviews with legal elites, Amanda Hollis-Brusky sheds needed light on the Federalist Society. Her analysis shows how it not only helped organize the conservative legal movement but also affected the language and direction of key judicial decisions. The result is a convincing argument that hte ideas formed in the Federalist Society have had, and continue to have, serious consequences.
--Political Science Quarterly
About the Author
Amanda Hollis-Brusky is Assistant Professor of Politics at Pomona College where she teaches courses in Constitutional Law, Legal Institutions, and American Politics. She has written on the conservative legal movement, the Christian Lawyering movement, Originalism, and Executive power. Her articles have appeared in journals such as Law and Social Inquiry and Studies in Law, Politics, and Society.
Most helpful customer reviews
4 of 5 people found the following review helpful.
The Federalist Society at Work
By Ronald H. Clark
There are several recent books on the Federalist Society for Law and Public Policy Studies. A good general introduction is Steven Teles, "The Rise of the Conservative Legal Movement: The Battle for Control of the Law," which I reviewed earlier on Amazon. Teles outlines generally the genesis of the organization, how it is organized, and the methods whereby it undertakes to educate its conservative membership on legal and judicial issues. Founded in the 1980's, during the Reagan administration, the organization has become extremely influential in articulating conservative views of constitutional interpretation (such as Originalism) and credentialing members who subsequently became federal judges or otherwise served in government and academic positions. Both Teles and the present volume make it clear that the Society as an organization does not seek to directly itself influence public policy, but rather it educates its members who then become involved in important litigation which has had a major impact on significant constitutional issues in the Supreme Court and other federal courts.
What makes this extraordinary book so valuable is that the author explains how Society "networks" exercise influence upon Supreme Court Justices as they render important decisions on key issues. The amount of research that has gone into this book, which began as the author's Ph.D. dissertation at Berkeley, is phenomenal. The 50 pages of notes reflect the thoroughness of the author's research, including law review articles, legal materials (e.g., amicus briefs), and an impressive list of key interviews going back to 2008 with important Society players. While sometimes as a good social scientist the author employs technical terms such as "political epistemic network," she carefully explains their meaning such that the general reader should have no fear that her language is too technical to understand.
The heart of the book is found in analyses of some highly significant Supreme Court decisions to demonstrate how ideas flow from Society members to receptive Justices. Those cases include the "Heller" second amendment holding; the "Citizens United" campaign finance case; important cases limiting the sweep of the commerce clause and invoking the Tenth Amendment; and even the recent Affordable Care Act decision.
The network concept is central here, as it ties together various Society actors in an unified enterprise. First, through various means, the Society educates its members continually. There are endless national conferences on legal topics; the formation of practice groups occurs; lawyer and student chapters are active; national student conferences are frequent; as are National Lawyer Conventions. Newsletters and journals are circulated; teleforum calls and panels at national meetings are frequent; and on occasion special projects, such as election law, are emphasized and supported. When researching particular issues, members can consult the Annotated Bibliography of Constitutional and Libertarian Legal Scholarship which lists approved articles and books addressing various legal topics. Much of this material, but not all, is written by Society members. So what the author terms "intellectual capital" can be employed in amicus or primary briefs as support for various conservative positions being asserted in the Court. As a result, impressive legal pleadings can be directed at the Court, and if the Justices are receptive (since many are members of the Society), the Court may adopt some of these Society arguments. The author employs a helpful diagram devices which shows how many Society members (acting as amicus curiae, litigators, clerks of the Justices, and the Justices themselves) are involved in each decision under analysis. These network campaigns can take years as supportive articles and books are written and appropriate cases are accepted for review by the Court--but the networks' impressive successes attest to the potency of this approach. The recent reversal of long-standing Court decisions in the commerce and federalism areas also demonstrates how effectively the process works. With five members of the current Court being Society members or closely affiliated with the organization, it is not surprising that the networks have achieved such high levels of success.
An important issue which the author does not address is whether we should be concerned about the networks had their impact upon Supreme Court decisions. Given the author's rich background of knowledge, and her position teaching political science at Pomona College, I think it would be most interesting for her to share her views on this issue. In any regard, anyone interested in the Court and its recent decisions in some vital areas, as well as the enormous impact of the Federalist Society, will find this book indispensable and an excellent example of superior scholarship. The author is to be commended for her diligence and contributions to our understanding of this important group and movement.
0 of 0 people found the following review helpful.
Five Stars
By natural health counselor
for my husband and he did like it.
11 of 19 people found the following review helpful.
Takeover Without Representation
By David Wineberg
Ideas and Consequences is nominally about the Federalist Society, founded in the Reagan era to promote conservative views among lawyers. It is young enough to allow Amanda Hollis-Brusky to gather interviews and documentation all the way back to its founders. It is philosophically close to the political Tea Party - conservative, libertarian, almost anarchic in its views on individual rights and local governance.
The Federalist Society has three pillars: that the state exists to preserve freedom, that the separation of governmental powers is central to the US 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 book is structured around those principles, and Supreme Court decisions involving them.
It is a genuinely frightening look at a political movement that has chosen to take power via the judicial branch. It does not run candidates in elections, it has no party organization, it seeks no public approval. It has instead chosen to inculcate law students through meetings at universities, and networking. Some 48,000 attend these meetings, keeping the 40,000 strong membership vital. As they rise to power as lawyers, professors, civil servants, clerks to judges, and to judgeships themselves, they become, in their own word, "gatekeepers". Its leaders brag it has "a de facto monopoly on the credentialing of rising stars". Recently, this included "absolutely every lawyer" in the Bush Administration. They seek exclusion of others and promotion of their own, vetting them and then keeping them in check once they have achieved power. They have an explicit goal of creating "an alternative elite". This undermining of the entire American system is the "consequences" of the title, and what the book is really about.
The "ideas" are the originalism theory of the constitution, states' rights, individual liberties extended to corporations, and a diminution of the federal government.
Their positions are often difficult to swallow, and the author takes no position. On the Second Amendment, they have decided "the people" means every individual, not the collective population, as had been the interpretation for 200 years, even though that makes no sense in the context of "a well regulated militia". For separation of powers, they mean giving as much as possible to the states, creating a sort of European Union rather than a cohesive country. For judges saying what the law is and not what it should be, this only applies after they have reinterpreted them to reflect the Federalists' notions of what they should be. For example, in the Second Amendment case, they go so far as to claim there is a "mistake" in the Privileges Or Immunity Clause, because it does not specify arms. Similarly in freedom of speech, Justice Scalia claims there is "not a scintilla of evidence" the founders wanted to prevent corporations from having freedom of speech, though the First Amendment does not include them.
Federalist lawyers present their cases to the Supreme Court, sometimes at the "invitation" of the fellow-member justices, write friend of the court papers in other cases, and feed judges ammunition through their Bibliography and direct contact. Decisions and dissents by the four justice-members show direct copying from those documents.
As much as I disagree with some Federalist positions, this is not a book to disagree with. It is a neutral, fair, unbiased look at the words and deeds of its members. It looks at their conferences, their papers, their speeches and their pleadings. It maps their connections in the court cases. It does not judge or take any positions itself. There is no evaluation of their ideas. Otherwise, it would be 2000 pages instead of 200.
David Wineberg
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