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

    Professor Mayer's background is very impressive. He received his A.B. and J.D., University of Michigan (or "that school up north"); M.A. and Ph.D. in History, University of Virginia. He practiced law at Pierson Semmes and Finley, a small law firm in Washington, D.C., in 1984-87. He then was a postdoctoral fellow at the Institute for Humane Studies, at George Mason University, in northern Virginia, in 1987-88, and was a visiting law professor at Chicago-Kent College of Law in Chicago, 1988-90. Professor Mayer teaches Law & American History, Legal History, Copyright, Unfair Trade Practices, and Seminars in American Constitutional History and Libertarianism and the Law. In the Fall he also teaches an undergraduate U.S. Constitutional History course in the History/Political Science department at Capital University's Bexley campus. He has published such works as The Constitutional Thought of Thomas Jefferson (University Press of Virginia, 1994; paperback edition, 1995), and several articles in various law, history, and political science journals.

Federalist Society: How long you have been with Capital?

David Mayer: Since 1990.

FS: Please discuss your involvement with the Federalist Society

DM: I first became involved, as a lawyer, when I lived in Washington, D.C. in the mid-1980s. I've been faculty advisor to Capital's Law School Chapter since it was first founded in 1992.

FS: Are you involved with any other organizations?

DM: I'm on the Board of Research Advisors for the Buckeye Institute, a market-oriented public policy research organization based in Dayton, Ohio, as well as a member of the Academic Review Committee for the Institute for Humane Studies. I'm a former Salvatori Fellow at the Heritage Foundation in Washington, D.C.; a sponsoring
member of the Cato Institute, the Institute for Justice, and the Institute for Objectivist Studies; and a member of several legal and historical organizations, including the Lawyers' Second Amendment Society and the American Society for Legal History. In recent years, I've become a regular faculty member at the Institute for Objectivist
Studies' annual Summer Seminars.
 

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.