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The Spectacle Blog
Thanks to the heavy lifting of former Attorney General Edwin Meese, the concept of “originalism” has gained serious traction within the judiciary, and even in academia.
On June 7, Meese will be honored as one of the four 2012 Bradley Prize recipients during a ceremony at the John F. Kennedy Center for Performing Arts in Washington, D.C. By calling attention to Meese’s contributions to the conservative cause, the Lynde and Harry Bradley Foundation has performed a valuable service. If President Obama wins re-election, he could potentially remake the U.S. Supreme Court. For this reason alone, it is worth reviewing the former attorney general’s key observations.
A critical turning point came in 1985 when Meese addressed the American Bar Association (ABA) in Washington. Here, he made the case for a jurisprudence rooted in the Constitution’s text and its original meaning. Since President Obama could potentially remake the U.S. Supreme Court if he wins re-election, it is worth reviewing some of Meese’s key observations.
“By seeking to judge policies in light of principles, rather than remold principles in light of policies, the Court could avoid the charge of incoherence and the charge of being either too conservative or too liberal,” Meese explained in his ABA talk. “A jurisprudence seriously aimed at the explication of original intention would produce defensible principles of government that would not be tainted by ideological predilection. This belief in a jurisprudence of original intention also reflects a deeply rooted commitment to the idea of democracy.”
A close confidante to Governor Reagan and later President Reagan, Meese, who now chairs the Center for Legal and Judicial Studies at the Heritage Foundation, has been a potent intellectual force within the conservative movement.
“Ed Meese has been an invaluable public servant,” said Michael Grebe, president and chief executive officer of the Bradley Foundation. “His entire career has been devoted to upholding the rule of law and making the nation more secure.”
Meese’s 1985 ABA speech jolted Washington’s liberal establishment. Supreme Court Justice William Brennan accused originalists of “arrogance cloaked as humility” during a talk at Georgetown University that same year.
There was no reliable way modern judges could properly discern original meaning, he argued.
But Meese was unrelenting.
In subsequent speeches, he continued to hammer home the idea that judges should not substitute their own political convictions in the place of fixed constitutional meanings.
Given how narrowly divided the U.S. Supreme Court is between constitutionalists and activists, Gov. Mitt Romney would do well to channel Meese’s commentary on originalist jurisprudence.
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More Blog Posts by Kevin Mooney
http://spectator.org/blog/2012/05/25/bradley-prize-winner-meeses-or
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Booger| 5.25.12 @ 10:39AM
This is totally off topic, but it shouldn't be. Since this is blog about Brett Kimberlin (the convicted terrorist) day, and Robert Stacy McCain, one of Spectator's own, is currently in hiding with his family due to threats from Kimberlin, why is there no mention of it here today? Shame on Spectator for not sticking up for its own.
RJ| 5.25.12 @ 11:29AM
God bless Ed Meese. He has been a principled and honorable public servant and has remained in the public forum to continue to promote constitutional limited government. The evidence of his contributions continue to grow with each passing year. Long life and good health to Ed Meese. The nation and free people everywhere need him.
Ric N| 5.25.12 @ 3:00PM
I cannot say it any better.
Red Phillips | 5.25.12 @ 2:09PM
Interventionist like Meese have NO credibility talking about originalism. The Founding Fathers debated whether we should even have a standing army and whether the Feds should be able to federalize the state militias. Wanting America to be the world's hegemon is clearly not the original intent of a group that debated the wisdom of standing armies. You are either an originalist or you aren't. People like Meese are cafeteria originalists when it suits them.
Clint| 5.26.12 @ 5:59AM
Dr.Ron Paul,
" This administration certainly was not the first to behave in ways that have defied the Constitution to overstep its bounds. Sadly, previous administrations have set precedents that the current administration is only building upon. It is time for Congress to reassert itself and its constitutional role."
Infantryman| 5.27.12 @ 4:17PM
Mr. Philips:
Regardless of what was debated prior to the affirmation of the Constitution the final document states the Congress has the right, " To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; and, " To provide and maintain a Navy; " There's more stuff on the Militia and the Rules and Regulations for governing land and naval forces, but note that there is not a word about an Air Force in the entire Constitution. We've had an Independent Air Force for over a half century but apparently they are constitutionally illegal since they've had ample time to be put into the document but no one has done so. Since going for a constitutional admendment is a political pain in the nether regions, the thing to do is to split the Air Force between the Army and Navy who are legit. We promise not to be the world's hegemon unless the Congress tells us to be. Regards.
Red Phillips | 5.28.12 @ 3:22PM
"but no Appropriation of Money to that Use shall be for a longer Term than two Years"
Limiting the appropriations to no more than two years was a concession to the anti-standing army faction. Clearly the Founders did not intend America to be the world's hegemon. You simply cannot credibly deny this.
sweeterjan| 5.28.12 @ 2:42AM
This is totally off topic, but it shouldn't be. Since this is blog about Brett Kimberlin (the convicted terrorist) day, and Robert Stacy McCain, one of http://www.vendreshox.com/nike-shox-oz-c-6.html Spectator's own, is currently in hiding with his family due to threats from Kimberlin, why is there no mention of it here today? Shame on Spectator for not sticking up for its own.
randyinrocklin| 5.29.12 @ 11:29AM
unfortunately with Romney we'll likely end up with another Souter.