Federalist Principles
We start from the following principles:
- That
the state exists to preserve individual freedom;
- That economic and political liberties are
inextricably intertwined;
- That the separation of governmental powers is
central to our Constitution;
- That it is emphatically the province and duty
of the judiciary to say what the law is, not what it should be;
- That this task of objective interpretation is
not so far beyond man's grasp that we should despair, and, in the name of
"realism, "fall back on prejudice in making judicial determinations;
- That the constitutional scheme did not
contemplate the imposition by fiat of the legislative preferences of members of
the judiciary, under the banner of "societal evolution;"
- That this type of judicial legislating, being
insulated from the check of popular support, has been a key instrument in the
expansion of federal governmental power;
- That this expansion has been at the expense of
individuals' abilities to control their own destinies, and of intermediate
institutions such as families, churches, personal property, and the states, which
helped to shield people from the government's full force;
- And that the true purpose of the legal order is
to ensure that the power conferred upon the state is used to secure people's
lives and goods, the true purpose of an independent judiciary is to prevent
the rigging of the legal order into an extension of the sovereign's will,
and that neither the legal order nor the judiciary is presently serving
these purposes.
The Society seeks both to promote an awareness
of these principles and to further their application through its activities.Copyright 1994. The Federalist Society
for Law & Public Policy Studies, 1015 18th Street, NW, Suite 425,
Washington, D.C. 20036