STATEMENT OF PRINCIPLES
The Federalist Society for Law & Public Policy Studies is
a group of conservatives and libertarians interested in the state
of the legal order. We believe that principles and legal rules
strongly influence the direction of societal development and in
so doing can secure or destroy individual rights and liberties.
From a position of shared values, the Society's purpose is to
investigate the role of law as one of the great organizing forces
of our society, and to participate in that shaping process.
We start from the following principles:
. That the state exists to preserve individual freedom;
. That economic and political liberties are inextricably
intertwined;
. That the separation of governmental powers is central to
our Constitution;
.That it is emphatically the province and duty of the
judiciary to say what the law is, not what it should be;
.That this task of objective interpretation is not so far
beyond man's grasp that we should despair, and, in the name of
"realism," fall back on prejudice in making judicial
determinations;
.That the constitutional scheme did not contemplate the
imposition by fiat of the legislative preferences of members of
the judiciary, under the banner of "societal
evolution;"
.That this type of judicial legislating, being insulated from
the check of popular support, has been a key instrument in the
expansion of federal governmental power;
.That this expansion has been at the expense of individuals'
abilities to control their own destinies, and of intermediate
institutions such as families, churches, personal property, and
the states, which helped to shield people from the government's
full force;
.And that the true purpose of the legal order is to ensure
that the power conferred upon the state is used to secure
people's lives and goods, the true purpose of an independent
judiciary is to prevent the rigging of the legal order into an
extension of the sovereign's will, and that neither legal order
nor judiciary is presently serving these purposes.
.The Society seeks both to promote an awareness of these
principles and to further their application through its
activities.