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Lincoln Caplan: Exploring the Meaning of ‘Constitutional Conservatism’

[Lincoln Caplan is the editor and president of Legal Affairs.]

John Boehner, the next House speaker, expresses the message of constitutional conservatism in calling for every bill to identify the part of the Constitution it rests on. Sarah Palin used the phrase to campaign for limited government. Tea Party members call themselves constitutional conservatives. It is the new mantle in which Republican politicians are wrapping themselves....

A polemic called the Mount Vernon Statement used the phrase last winter to rally an expanded Republican Party. The statement noted five principles: limited government; individual liberty; free enterprise; advancing freedom, opposing tyranny; and defending family, neighborhood, community and faith....

...The prime mover behind the statement, and its first signer, was Edwin Meese III, the former attorney general who helped shape the Reagan revolution. A quarter of a century ago, Mr. Meese led a similar effort to turn a slogan into a movement. That campaign aimed to stem the tide of liberalism in law and bring about a “restoration of fundamental Constitutional values.”

Mr. Meese stirred an impassioned controversy. He drew then-Justices William Brennan and John Paul Stevens into a debate — the first sitting justices to respond to a challenge by an executive branch official since F.D.R.’s court-packing scheme....
Read entire article at NYT