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What is the Federalist Society?

Article Abstract:

Judge Ralph K. Winter presents the conservative ideology of the Federalist Society as anti-statism or opposition to government and as consistent with a commitment to civil liberties. This view ignores the need for state action at times to guarantee the exercise of those rights and hinders conservatives' approach to problems relating to how the state can use its power most effectively. Valuing liberty over equality is an overly reductive view of conservatism and is inconsistent with the Constitution, which advocates both values.

Author: Fiss, Owen M.
Publisher: Harvard Society for Law and Public Policy, Inc.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
Civil rights

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Coexistence and co-dependence: conservatism and civil liberties

Article Abstract:

The history of the founding of the Federalist Society demonstrates that conservative ideology is consistent with an interest in civil liberties. The Federalist Society began because of a climate at Yale University in which conservatives were unable to openly express their views. Conservatives, who seek to limit government's exercise of power, are interested in preserving freedom of expression. Today the attempt to regulate speech to promote political equality is the greatest threat to First Amendment rights.

Author: Winter, Ralph K.
Publisher: Harvard Society for Law and Public Policy, Inc.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
Freedom of speech

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Conservatives' selective use of race in the law

Article Abstract:

Conservatives object to the use of racial criteria in programs such as affirmative action that are intended to benefit disadvantaged groups, but they are willing to permit racial criteria to be applied in other contexts. For example, conservative justices have objected to the prohibition of peremptory challenges that are racially discriminatory and have upheld the use of race-based criteria by police officials in determining who to stop for questioning in a criminal investigation.

Author: Kennedy, Randall
Publisher: Harvard Society for Law and Public Policy, Inc.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1996
United States, Race discrimination, Discrimination in justice administration, Justice discrimination

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Subjects list: History, Political aspects, Conservatism, Federalist Society
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