New Federalism: Not Your Father’s Federalism [No. 86]

Is federalism ideologically neutral? New federalism started in the 1970’s with famed living Constitutionalist Justice William Brennan, who developed a progressive, liberty-protective approach to federalism -- “not your father’s federalism,” one that protected states’ rights and allowed for Jim Crow. Judge Jeffrey Sutton now argues that federalism, rightly understood, is politically neutral. It is espoused by advocates on the left (such as Justice Brennan) as well as on the right (such as Justice Scalia). It also is an important tool for protecting liberty. Jeffrey S. Sutton sits on the United States Court of Appeals for the Sixth Circuit. Judge Sutton was a partner with the law firm of Jones Day Reavis & Pogue in Columbus, Ohio, and served as State Solicitor of the State of Ohio. He also served as a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia and the Honorable Thomas J. Meskill. He is the author of 51 Imperfect Solutions: States and the Making of American Constitutional Law. * * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker. Subscribe to the series’ playlist:    • Constitutional Law [Course] [No. 86]  

• #news_politics
• #fedsoc
• #federalist_society
• #conservative
• #libertarian
• #fedsoc
• #federalism
• #fed_soc