Steven Calabresi, a law professor at Northwestern University, delves into the legacy of former Attorney General Edwin Meese and his pivotal role in shaping originalism. The conversation highlights how Meese transformed the Department of Justice into a center for originalist thought during the Reagan era. Calabresi discusses the ideological divides within originalism, the formation of the Federalist Society, and how these developments influenced Supreme Court nominations and judicial philosophy. His insights offer a fascinating glimpse into the evolution of constitutional interpretation.
Edwin Meese's influential role in the rise of originalism reshaped the Department of Justice into a hub for conservative legal thought.
The evolution of originalism reflects a shift from original intent to original public meaning, emphasizing the ongoing debates within constitutional interpretation.
Deep dives
Edwin Meese's Transformative Influence
Edwin Meese served as Attorney General during Ronald Reagan's presidency and was a key adviser to Reagan's transformative policies. His dual role as Reagan's right-hand man and the head of the Justice Department positioned him to impact national security and domestic policy profoundly. Meese's influence is often compared to that of Robert Kennedy's relationship with John F. Kennedy, particularly in their pivotal roles during their respective presidencies. Meese's ability to shape Republican legal and political strategy significantly contributed to both the success of Reagan's administration and the advancement of originalist legal theory.
The Origin and Impact of Originalism
Meese is credited with articulating the theory of originalism during a significant speech in 1985, advocating that judicial decisions should reflect the original intentions of the Constitution's framers. This marked a foundational shift, inspiring an entire generation of conservative lawyers, particularly within the Federalist Society, to adopt and promote originalist principles. This approach culminated in the appointment of judges who favored an originalist interpretation, ultimately establishing an originalist majority on the Supreme Court by 2022. Meese's efforts to solidify originalism in the legal framework fundamentally transformed American judicial practices.
The Intellectual Infrastructure of the Meese Revolution
The Meese Revolution was characterized by a concerted effort to incorporate intellectual rigor within the Justice Department and the broader conservative legal movement. Meese's team, including notable figures like Ken Cribb and prominent law professors, actively engaged in debates about constitutional interpretation. They established an 'academy in exile' atmosphere, nurturing originalist thought through conferences and publications. This intellectual framework created a fertile ground for cultivating legal scholars and judges aligned with originalist philosophy who have since influenced major judicial decisions.
The Evolving Nature of Originalism
The theory of originalism has undergone significant evolution, especially regarding the balance between original intent and original meaning. Influential figures like Justice Antonin Scalia introduced a shift from original intent to original public meaning, promoting a more textualist approach to constitutional interpretation. This shift fostered debates among originalists, leading to legal interpretations that resonate differently among justices today. The ongoing evolution reflects broader discussions about how to interpret the Constitution, with various justices embracing differing degrees of originalism and approaches to federalism, highlighting the dynamic nature of constitutional law.
Steven Calabresi of Northwestern Law School joins Jeffrey Rosen to discuss his new book, The Meese Revolution: The Making of a Constitutional Moment. Calabresi reviews former Attorney General Edwin Meese’s instrumental role in the rise of originalism, and credits Meese with transforming the Department of Justice into an “academy in exile” where originalism was developed and put into practice.