Join the Anchoring Truths Podcast for both a look back and a look ahead for originalism, through the lens of one of the most influential living Americans on our constitutional order. Edwin Meese III’s tenure as Attorney General under President Reagan was one of the most significant ones – and almost no one knows it. Ed Meese is the person most responsible for the rise of constitutional originalism as a movement.
As our listeners know, originalism has become a major force in the courts, with a majority of Supreme Court justices and a raft of lower-court and state-court judges at least taking it seriously as a major contributor to decision-making. That result was unthinkable in 1985 when Meese took office and originalism was essentially unknown to the legal academy and almost wholly absent from the judicial process. What you might not though is that Ed Meese turned the U.S. Department of Justice into “the academy in exile,” where originalism was developed, refined, theorized, and put into practice.
Our guest, Steven Calabresi, is the co-author of a new intellectual history “The Meese Revolution” that describes the rise of originalism, which necessitates telling the story of Ed Meese, without whom it surely does not happen. Calabresi, who was part of that history working closely with Meese, threads a story through virtually all important legal and policy events of the 1980s, many of which continue to shape the world of the twenty-first century. And as we come to the end of our discussion, I think you’ll agree that in many respects we are still living through the Meese Revolution.
Professor Calabresi is the Clayton J. & Henry R. Barber Professor at Northwestern Pritzker School of Law, as well as a visiting professor at Yale Law School. Calabresi clerked for Justice Antonin Scalia and Judges Robert H. Bork and Ralph K. Winter. He was a Special Assistant to Attorney General Meese from 1985 to 1987 and worked with Ken Cribb as his deputy in 1987 on the second floor of the West Wing of the Reagan White House. Calabresi has written books on presidential power and comparative constitutional law and the origins of judicial review. He and co-author of The Meese Revolution Gary Lawson are also the co-editors of a casebook on U.S. Constitutional Law, and Calabresi is also the co-editor of a casebook on comparative constitutional law. He has written over seventy law review articles since 1990.
Buy The Meese Revolution from Encounter Books here.
