1127 Connecticut Avenue, NW
Washington, DC 20036
The Future of U.S. Constitutional Law in the Supreme Court
November 15 — 17, 2012The Federalist Society's 2012 National Lawyers Convention was held on November 15 through November 17 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention was: The Future of U.S. Constitutional Law in the Supreme Court. The Convention addressed the fact that at the present time, the U.S. Supreme Court is very closely divided on many foundational topics in constitutional law, such as federalism, separation of powers, religious liberties. The panels at this convention focused on these three areas of case law and concluded with a panel on what constitutes judicial activism.
Back to top2012 National Lawyers Convention
Topics: | Constitution • Federalism • Healthcare • Separation of Powers • Supreme Court • Federalism & Separation of Powers |
---|
The Rehnquist Court was famous for its resuscitation of some fairly modest constitutional limits on federal power. One major question with the appointment of new Justices was where the Court was likely to go. In the recent oral arguments on the constitutionality of the law imposing a national health care mandate, the Roberts Court Justices seemed very closely divided. This panel will examine the Supreme Court's federalism jurisprudence in light of what was a close vote on the health care law. This case has reinvigorated the debate over the limits on federal power. Are there significant limits, or are they are a function of a bygone past? If the limits do not apply in economic areas, are they then suspect in other areas of morality where the courts have overturned major legislative decisions? Are such limits just a political function of who benefits? Likewise, is federalism only used by those who stand to benefit? How sustainable in practice are judicially-enforced limits on federal power?
Welcome
Showcase Panel I: Federalism and Federal Power
2012 National Lawyers Convention
Topics: | Constitution • First Amendment • Religious Liberty • Religious Liberties |
---|
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Corporations, Securities & Antitrust • Labor & Employment Law • Law & Economics |
---|
The Corporations, Secruities & Antitrust Practice Group hosted this panel on "Deregulating the Markets: The JOBS Act" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Labor & Employment Law • Law & Economics • Supreme Court |
---|
The Labor & Employment Law Practice Group hosted this panel on "Arizona v. U.S.: Immigration Policy & the Economy" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Intellectual Property |
---|
The Intellectual Property Practice Group hosted this panel on "Undermining or Preserving Property Rights? The New Administrative Patents" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Professional Responsibility & Legal Education |
---|
The Professional Responsibility & Legal Education Practice Group hosted this panel on "Prosecutorial Misconduct" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Corporations, Securities & Antitrust • Law & Economics • Litigation • Supreme Court |
---|
The Litigation Practice Group hosted this panel on "Business Cases in the Roberts Court: Perception and Reality" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Federalism • Healthcare • Separation of Powers • Federalism & Separation of Powers |
---|
The Federalism & Separation of Powers Practice Group hosted this panel on "The Spending Clause After the Health Care Decision" on Thursday, November 15, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Constitution • Supreme Court |
---|
2012 National Lawyers Convention
Topics: | Constitution • Environmental & Energy Law • Financial Services • Separation of Powers • Supreme Court • Federalism & Separation of Powers |
---|
The present Supreme Court was also closely divided in the recent separation of powers case, Free Enterprise Fund v. Public Company Accounting Oversight Board. While the opinion ruled that part of the structure of the Board ran afoul of the separation of powers, it is not clear how significant the decision is beyond the precise facts of the case. This question is likely to arise soon, perhaps in a case involving the constitutionality of the Dodd-Frank legislation. The current Court has also split five to four on sovereign immunity and standing. For example, recently, Justice Kennedy provided the critical fifth vote to find standing and force the Environmental Protection Agency to regulate carbon emissions by new cars sold in the U.S. It is quite likely that major separation of powers cases presenting a number of these issues will reach the Supreme Court in the next couple of years. This panel will examine the direction the Supreme Court might take when such a case gets to the high Court.
2012 National Lawyers Convention
Topics: | Federalism • State Courts • State Governments • Federalism & Separation of Powers |
---|
Governor Rick Scott of Florida addressed attendees of the Federalist Society's 2012 National Lawyers Convention on Friday, November 16, at the Mayflower Hotel in Washington, DC. Governor Scott was introduced by Mr. Dean A. Reuter, Vice President and Director of Practice Groups for the Federalist Society.
2012 National Lawyers Convention
Topics: | Affirmative Action • Civil Rights • Constitution |
---|
The Civil Rights Practice Group hosted this panel on "Who Benefits from Affirmative Action and Race and Gender Consciousness?" on Friday, November 16, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Constitution • Financial Services • Financial Services & E-Commerce |
---|
The Financial Services & E-Commerce Practice Group hosted this panel on "Dodd-Frank: Act Two and What's Next in Financial Services Laws and Regulations?" on Friday, November 16, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Criminal Law & Procedure • Foreign Policy |
---|
The Criminal Law & Procedure Practice Group hosted this panel on "The Foreign Corrupt Practices Act" on Friday, November 16, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Constitution • Federal Courts • Separation of Powers • Supreme Court • Federalism & Separation of Powers |
---|
Senator Mike Lee of Utah addressed attendees of the Federalist Society's 2012 National Lawyers Convention on Friday, November 16, at the Mayflower Hotel in Washington, DC. Senator Lee was introduced by Mr. Leonard A. Leo, Executive Vice President of the Federalist Society.
2012 National Lawyers Convention
Topics: | Constitution • Federal Courts • Separation of Powers • Supreme Court • Federalism & Separation of Powers |
---|
Senator-elect Ted Cruz of Texas addressed attendees of the Federalist Society's 2012 National Lawyers Convention on Friday, November 16, at the Mayflower Hotel in Washington, DC. Senator-elect Cruz was introduced by Mr. Leonard A. Leo, Executive Vice President of the Federalist Society.
2012 National Lawyers Convention
Topics: | Constitution • Election Law • Federalism • Federalism & Separation of Powers • Free Speech & Election Law |
---|
The Free Speech & Election Law Practice Group hosted this panel on "The Electoral College vs. The National Popular Vote Plan" on Friday, November 16, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | International Law & Trade • Security & Privacy • International & National Security Law |
---|
The International & National Security Law Practice Group hosted this panel on "National Security vs. International Law?" on Friday, November 16, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Constitution • Culture • Federalist Society |
---|
On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2012, Technology Entrepreneur, Investor, and Philanthropist Peter A. Thiel delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.
For information about Barbara Olson and this lecture series, click HERE.
For a list of past lecturers, click HERE.
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Constitution • Education Policy • First Amendment • Founding Era & History • Healthcare • Jurisprudence • Religious Liberty • Supreme Court • Free Speech & Election Law • Religious Liberties |
---|
The current Supreme Court divided five to four in Arizona Christian School Tuition Organization v. Winn – a case in which some Arizona taxpayers sued to prevent public funds from going to scholarships at religious schools on the same terms as they went to pay for scholarships at secular schools. The Court also split five to four in another taxpayer religion suit Hein v. Freedom from Religion Foundation in 2007. Meanwhile in Christian Legal Society v. Martinez, decided in 2010, the Supreme Court voted five to four that, under what the Court described as a “reasonable, viewpoint-neutral condition on access to [recognition as a student organization],” state universities can force religious groups to accept members and officers who do not subscribe to their belief that gay sex is wrong or lose their official status and school funds. At the same time, in Hosanna-Tabor Evangelical Church and School v. EEOC, the Court unanimously reaffirmed and gave a fairly generous construction to its longstanding ministerial exception to employment discrimination laws as applied to religious organizations. The recent controversy over the requirements to pay for contraceptives and abortifacients in violation of the religious beliefs of some who would be forced to pay shows us other possible cases involving religious belief and conscience concerns. Religion has long had a special place in our society and in the Constitution. Is that evolving? If so, how? Are we rethinking the question of whether religion is in some ways different? What does the Constitution say about this?
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Environmental & Energy Law • Federalism • State Governments • Environmental Law & Property Rights |
---|
The Environmental Law & Property Rights Practice Group hosted this panel on "Federalism and the Energy Revolution: Can State and Federal Regulators Adapt to Innovations?" on Saturday, November 17, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Separation of Powers • Telecommunications & Electronic Media • Federalism & Separation of Powers • First Amendment • Free Speech & Election Law |
---|
The Telecommunications & Electronic Media Practice Group hosted this panel on "Communications Law Reform" on Saturday, November 17, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Administrative Law & Regulation • Constitution • Federal Courts • Healthcare • Supreme Court |
---|
The Administrative Law & Regulation Practice Group hosted this panel on "The Administrative State After the Health Care Cases" on Saturday, November 17, 2012, during the 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Constitution • Founding Era & History • Philosophy |
---|
RESOLVED: Natural Law Should Inform Constitutional Law
The Fourth Annual Rosenkranz Debate was held on November 17, 2012, during The Federalist Society's 2012 National Lawyers Convention.
2012 National Lawyers Convention
Topics: | Constitution • Due Process • Federal Courts • Jurisprudence • Supreme Court |
---|
After it became clear at the oral argument the health care mandate law might be in trouble, President Obama suggested that the Justices would be engaging in judicial activism if they overturned the law. This is a particularly high profile example, but charges of judicial activism have been a key part of the discussion of the role of the courts for quite some time, in earlier times from people generally identified as conservatives, but more recently by liberals and progressives. Is there real meaning to the term? Would the term apply to overturning the Affordable Care Act? The Defense of Marriage Act? The three most common ways of understanding judicial activism are that it refers to when judges invalidate legislation, when they do so based on their individual preferences rather than the requirements of the Constitution, and when they overrule a prior precedent. This panel will consider these various possibilities as well as whether the term continues to be a useful one.
2012 National Lawyers Convention