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Crisis of Conservatism?The Republican Party, the Conservative Movement, and American Politics After Bush$
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Joel D. Aberbach and Gillian Peele

Print publication date: 2011

Print ISBN-13: 9780199764013

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199764013.001.0001

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Conservatives and the Courts

Conservatives and the Courts

Chapter:
(p.237) 11 Conservatives and the Courts
Source:
Crisis of Conservatism?
Author(s):

Michael Greve

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199764013.003.0011

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.

Keywords:   Originalism, conservative legal movement, Federalist Society, Supreme Court, judicial politics, Judicial Minimalism, federal courts, Justice Department, institutionalization, New Deal, civil rights revolution, Bill of Rights, Commerce Clause

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