Jump to ContentJump to Main Navigation
Crisis of Conservatism?The Republican Party, the Conservative Movement, and American Politics After Bush$
Users without a subscription are not able to see the full content.

Joel D. Aberbach and Gillian Peele

Print publication date: 2011

Print ISBN-13: 9780199764013

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199764013.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2020

Conservatives and the Courts

Conservatives and the Courts

(p.237) 11 Conservatives and the Courts
Crisis of Conservatism?

Michael Greve

Oxford University Press

This chapter inventories the accomplishments and defeats of the conservative legal movement. It argues that the conservative legal movement has a high degree of professionalism, financial stability and intellectual capital. The question now is whether it possesses sufficient intellectual and organizational resources to adapt successfully to a changed environment of institutional and political hostility. The chapter concludes that it does, although it will be severely tested in the process. The chapter examines the conservative legal movement's record in four areas: court appointments, litigation, administration, and institutionalization. It then goes on to analyze the movement's foundational commitment—originalism—and predicts a reformulations of the concept with a keener appreciation of originalism's limitations and a greater emphasis on complementary legal values of constitutional rights, structure, and limited government.

Keywords:   Originalism, conservative legal movement, Federalist Society, Supreme Court, judicial politics, Judicial Minimalism, federal courts, Justice Department, institutionalization, New Deal, civil rights revolution, Bill of Rights, Commerce Clause

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .