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FREQUENTLY ASKED QUESTIONS

The Federalist Society, via Jonathan Blake, interviewed Professor David Mayer, the faculty advisor for the organization, on August 21, 1998.

FS: Could you give a brief history of how the Federalist Society came to be; who founded it; first law schools with chapters; its general purpose?

DM: The Society was founded in the early 1980s by a coalition of conservatives and libertarians, originally at Harvard Law School and the University of Chicago. They chose the name "Federalist Society," and a logo featuring the image of James Madison, in reference to The Federalist Papers, of which Madison--the "father" of the Constitution--was a principal author. The Society generally seeks to promote awareness of the Constitution and its fundamental principles--federalism, the separation of powers, protection of individual rights--as they were understood by the Founders. Another original purpose of the Society was to provide an alternative to leftist law school organizations such as the National Lawyers Guild, as well as a challenge to the so-called "liberal" orthodoxy which tends to prevail on many law school faculties and on the governing boards of many legal organizations such as the American Bar Association.

FS: What do you see the function/purpose of the Federalist Society being?

DM: I see the Federalist Society today as the chief source of real diversity--not superficial "diversity" based on race, gender, sexual orientation, etc., but real, intellectual diversity -- in American law schools and in the legal profession. Many law professors and members of the bar (as well as many judges and most politicians) today are woefully ignorant of the Constitution as it was intended by the Founders; they've forgotten the Founders' commitment to individual freedom, free markets, and limited, constitutional government. The Federalist Society seeks to promote the fundamental principles of American constitutionalism, as well as generally the rule of law.

FS: Approximately how many members are there in the Federalist Society; do most schools have chapters; etc.?

DM: Student chapters exist at over half the ABA-accredited law schools, including all the "top 20" law schools;
lawyer chapters exist in about 50 cities, including Columbus.

FS: Who are some famous/interesting members of the Federalist Society?

DM: Some of the "big name" conservatives involved in the Society, either as members of its board or as regular participants in Society conferences, include Supreme Court Justices Antonin Scalia and Clarence Thomas, former Judge Robert Bork, and former Attorney General Edwin Meese. Among the libertarians who are members and frequent speakers at Society events are legal scholars such as Richard Epstein, of the University of Chicago Law School; Randy Barnett, of Boston University School of Law; and Roger Pilon, director of constitutional studies at Cato Institute.

FS: How is the Federalist Society perceived among the legal community?

DM: Generally, I think the legal community sees the Federalist Society as a leading force for serious, intellectual
discussion and debate of constitutional and public policy questions. Here in Columbus, for example, the Lawyers' Chapter sponsors monthly luncheon meetings which many downtown lawyers--not just members of the Society--attend, to hear interesting speakers and debates on national issues as well as local topics such as school funding or taxpayer-subsidized sports arenas. And for conservatives and libertarians in the legal community, the Federalist Society provides a voice for those principles they value.

FS: What do those that oppose the ideals shared by members of the Federalist Society think of the organization; both positive and negative; what are the chief, common criticisms?

DM: I think it's interesting that many people who don't ascribe to the principles of the Federalist Society nevertheless respect it as a force for serious, intellectual discussion and debate. For example, ACLU president Nadine Strossen, who's a frequent participant in Federalist Society conferences, has said that the Federalist Society has made a "marvelous contribution" to free speech, free debate, and public understanding, awareness, and appreciation of the Constitution. Dean Paul Brest of Stanford Law School -- who's definitely not a conservative -- has credited the Federalist Society for bringing to campus "the commitment to real, honest, vigorous, and open discussion," and for creating "a wonderful environment for discussing social, political, legal, and constitutional issues."

FS: Who are the members of the federalist society?

DM: As I mentioned, the Society is a diverse coalition of conservatives and libertarians, who share a commitment to the values of individual freedom, limited government, and the rule of law. The Society is non-partisan.

FS: Please tell us an interesting, personal or otherwise, story stemming from your involvement with the organization.

DM: I remember attending a conference during the time of President Reagan's controversial nomination of Robert Bork to the U.S. Supreme Court, and was happy to see Federalist Society members quite divided over the issue -- most conservatives tending to support Judge Bork's nomination, but most libertarians (like myself) opposed to Bork because of his narrow interpretation of the rights-guaranteeing clauses of the Constitution (including the Ninth Amendment). The discussion at the conference was the most sophisticated discussion of the pros and cons of Bork's nomination that I saw anywhere, and that's typical of Federalist Society events. I like the fact that this issue divided the membership because it shows there's no orthodoxy that prevails in the Federalist Society; it truly is a diverse coalition of people who disagree on many important matters but nevertheless share certain fundamental principles in common.