The Constitution, The Courts, and Conservatism
Explore the debates within conservative legal thought on the courts and the Constitution.
July 31–August 4, 2023
Washington, D.C.
Precedent, or stare decisis, is fundamental to our constitutional system. Alexander Hamilton urged in Federalist No. 78 that “to avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents.” But U.S. judges must be governed first and foremost by the written Constitution. A Hamiltonian respect for both “rules and precedents” becomes more complicated when old precedents conflict with judges’ reading of the Constitution.
The U.S. Supreme Court confronts such a moment, as a conservative majority applies an originalist methodology different from the dominant jurisprudence of a prior generation. In this weeklong, residential program, fellows will consider landmark decisions that could be overturned by the Court and their implications for American politics. Led by legal and policy expert Adam J. White, the program will also feature guest lectures from Supreme Court advocates who will bring their practical experience to bear on key constitutional questions—from precedent’s place in judicial decision-making to judicial legitimacy and public opinion, and the Court’s counter-majoritarian role in a democracy.
Image: Victoria Pickering, Protesting at the Supreme Court, via Flickr
Adam White on the conservative legal movement
This course will meet in Washington, D.C. for five morning seminars and some afternoon or evening activities. Fellows will receive housing accommodations and a $500 stipend contingent upon full participation in the course. All course materials will be provided.
Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.
Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism, the Supreme Court, and the administrative state. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.
Mr. White previously practiced constitutional and administrative law, particularly in the regulation of energy and the environment, finance, and telecommunications. He was a research fellow for Stanford University’s Hoover Institution and an adjunct fellow for the Manhattan Institute. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
The author of a wide range of essays, book reviews, law review articles, and book chapters, Mr. White has appeared in publications such as The Wall Street Journal, National Affairs, Commentary, The Harvard Journal of Law & Public Policy, and the Notre Dame Law Review. He is a regular contributor to the Yale Journal on Regulation’s “Notice and Comment” blog, and for many years he was one of The Weekly Standard’s primary writers on constitutional law and the Supreme Court.
Mr. White has testified before a variety of US House and US Senate committees, including the Senate Judiciary Committee; the House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (currently known as the Subcommittee on Antitrust, Commercial, and Administrative Law); the Senate Commerce Committee; and the House Financial Services Subcommittee on Oversight and Investigations.
In 2017 he was appointed to serve on the Administrative Conference of the United States. He also serves on the boards of two nonprofit organizations: Speech First and the Land Conservation Assistance Network.
He has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Readings:
Discussion Questions:
Readings:
Discussion Questions:
Readings:
Discussion Questions:
Readings:
Discussion Questions:
Readings:
Discussion Questions:
Adam J. White
Adam J. White is a senior fellow at the American Enterprise Institute, where he focuses on American constitutionalism. Concurrently, he codirects the C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School at George Mason University.
Akhil Reed Amar
Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale University, where he teaches constitutional law in both Yale College and Yale Law School. He is Yale’s only currently active professor to have won the University’s unofficial triple crown — the Sterling Chair for scholarship, the DeVane Medal for teaching, and the Lamar Award for alumni service. His latest and most ambitious book, The Words That Made Us: America’s Constitutional Conversation, 1760-1840, came out in May 2021. He has recently launched a weekly podcast, Amarica’s Constitution.
Greg Weiner
Greg Weiner is associate professor of Political Science, founding director of the Daniel Patrick Moynihan Center for Scholarship and Statesmanship, and provost at Assumption College. He is the author of American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan.
Diana Schaub
Diana J. Schaub is Professor of Political Science at Loyola University Maryland and a member of the Hoover Institution’s task force on The Virtues of a Free Society. From 2004 to 2009 she was a member of the President’s Council on Bioethics.
Martha Bayles
Martha Bayles is a fellow at the Institute for Advanced Studies in Culture at the University of Virginia, and since 2003 she has taught humanities at Boston College. She is currently at work on a monograph on the threats to independent journalism around the world; and a book about the importance of “voluntary restraint” in the American tradition of free speech.
Amy A. Kass
Amy Apfel Kass (1940 – 2015) was a senior fellow at the Hudson Institute, Senior Lecturer Emerita in the humanities at the University of Chicago, and coeditor of What So Proudly We Hail: The American Soul in Story, Speech, and Song. She was an award-winning teacher of classic texts.
Leon R. Kass
Leon R. Kass, M.D., is the Madden-Jewett Scholar at the American Enterprise Institute and Harding Professor Emeritus in the Committee on Social Thought at the University of Chicago. From 2001 to 2005, he was chairman of the President’s Council on Bioethics.