I had the pleasure of attending the Federalist Society’s faculty convention in New York last weekend. I learned, as always, a great deal about issues, including those outside my field, like intellectual property. But it was also an occasion to recall why the Federalist Society is so important to the cause of law and liberty in the United States.
Lawyers, as Alexis de Tocqueville noted almost two centuries ago, play a crucial role in the political order of the United States. He observed that United States lacked an aristocracy, and lawyers filled that void, because they were experts in the democracy’s mode of governance.
When society reflects the spontaneous ordering of private law and a limited role for government, lawyers tend to be a force for property and legal stability. Under those circumstances, it is private law, after all, that provides much of their living. Thus, lawyers by and large at the beginning of our republic protected the constitutional structures that both promoted commerce and sustained the rights of property. Continue Reading →