The Exponential Growth of the Federal Bureaucracy


Dean James Huffman

The near exponential growth of the federal bureaucracy since the New Deal reflects the failure of Congress to maintain its coequal authority within the constitutional separation of powers and an excessive judicial deference to agency interpretations of Congressional grants of executive authority. The result has been deterioration in Congressional power accompanied by a growth in political factionalism and an erosion of the liberties of American citizens. If Congress can muster the political will, it has clear authority to restore the constitutional separation of powers.

Join us as James Huffman, Dean Emeritus and Erskine Wood Sr. Professor of Law at Lewis and Clark Law School addresses this vital issue of Congressional oversight of the federal bureaucracy and separation of powers. Professor Huffman joined the Lewis and Clark Law School faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is the author of more than 100 articles and chapters on a wide array of legal topics, writing extensively on land use, property rights, environmental and constitutional issues.

Prof. Huffman earned a B.S. from Montana State University, a M.A. from the Fletcher School of Law and Diplomacy at Tufts University, and a J.D. from the University of Chicago Law School.

EARN ONE HOUR OF MCLE CREDIT
When: Tuesday, December 5, 2017, 11:30 a.m. (registration), 12:00 p.m. (lunch)

Where: Oliver Café at Equinox Sports Club, 1980 Main Street, Irvine, Tel. (949) 251-6363. Bring your parking ticket to the luncheon for validation.

Cost: $30/members, $35/nonmembers, $20/students, for lunch and 1 hour of MCLE credit (the Federalist Society is a California State Bar approved provider of MCLE).

RSVP and Pay: To RSVP and pay by credit card, click the Buy Now button on the right. To pay by cash, credit card or check at the door, please send an RSVP to Carol Matheis, at OCFederalist@cox.net and make checks payable to "The Federalist Society." 


We welcome all interested attorneys and non-attorneys to our events.

A Debt Against the Living: An Introduction to Originalism


Ilan Wurman


Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the “dead hand of the past,” suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well known is Madison’s response, in which he said that the Constitution forms a debt against the living, who take the benefit of it. This debt, Madison claimed, could only be discharged by a kind of originalism. 



Who is right? Thomas Jefferson or James Madison? 

Please join us for a conversation with Ilan Wurman, author of A Debt Against the Living: An Introduction to Originalism, to discuss this question as well as the latest scholarship and problems in originalism. Stanford law professor and former federal judge Michael W. McConnell has described the book as the first “to explain to the ordinary citizen—free from what the late Justice Antonin Scalia called ‘jiggery pokery’—what it means to understand the Constitution as enduring law rather than politics by a different name.” 

Ilan Wurman is a Nonresident Fellow at the Stanford Constitutional Law Center and an attorney in Washington, D.C. He was formerly deputy general counsel on Senator Rand Paul’s US presidential campaign, associate counsel on Senator Tom Cotton’s campaign for US Senate, and a law clerk to the honorable Jerry E. Smith of the US Court of Appeals for the Fifth Circuit. His writing on administrative law and constitutional interpretation has also appeared or is forthcoming in numerous law reviews, including the Stanford Law Review and the Texas Law Review, as well as in national journals, including National Affairs, The Weekly Standard, and City Journal. He graduated from Stanford Law School, and from Claremont McKenna College with degrees in Government and Physics.

A limited number of copies of the book, “A Debt Against the Living: An Introduction to Originalism” will be available for purchase at the event ($20 cash/check).


EARN ONE HOUR OF MCLE CREDIT

When: Wednesday, October 18, 2017, 11:30 a.m. (registration), 12:00 p.m. (lunch)

Where: First Floor Conference Center, 2040 Main Street, Irvine, (949) 760-0404. Bring your parking ticket to the luncheon for validation.

Cost: $30/members, $35/nonmembers, $20/students, for lunch and 1 hour of MCLE credit (the Federalist Society is a California State Bar approved provider of MCLE).

RSVP and Pay: To RSVP and pay by credit card, click the Buy Now button on the right. To pay by cash, credit card or check at the door, please send an RSVP to Carol Matheis, at OCFederalist@cox.net and make checks payable to "The Federalist Society."

We welcome all interested attorneys and non-attorneys to our events.


State Religion Clauses after Trinity Lutheran: Are the States’ Constitutions Unconstitutional?


Lawrence VanDyke
Solicitor General of the State of Nevada


In June of this year, the Supreme Court held, in a 7-2 opinion, that the exclusion of churches from an otherwise neutral and secular aid program violates the First Amendment’s guarantee of free exercise of religion. The Court held that the free exercise clause of the First Amendment protects the freedom to practice religion and subjects laws that burden religious practice to strict scrutiny. Trinity Lutheran Church of Columbia, Inc. v. Comer.

Trinity Lutheran has been cited as an important victory in the battle to protect religious liberty. Thirty-eight of our states have amendments that “prohibit direct governmental aid to educational institutions that have a religious affiliation.” These so-called “Blaine” amendments were instituted in the late 19th century, and as demonstrated by the Trinity Lutheran case, their reach and enforceability is unclear. Join us as we host Nevada Solicitor General Lawrence VanDyke to discuss the Trinity Lutheran case (in which the State of Nevada filed amicus briefs), Blaine Amendments, his efforts in Nevada’s school choice litigation (which involved a Blaine Amendment challenge), and why Blaine amendments may be problematic for reasons that were never squarely addressed in the Trinity Lutheran decision.


Mr. VanDyke has been Nevada’s Solicitor General since 2015. Prior to serving as Nevada’s Solicitor General, Mr. VanDyke was Solicitor General of the State of Montana, and also served as Assistant Solicitor General for the State of Texas. Before public service, he practiced law with Gibson, Dunn and Crutcher in the area of constitutional and appellate law. He served as a law clerk for the Honorable Janice Rogers Brown on the United States Court of Appeals for the District of Columbia Circuit. Mr. VanDyke holds both a B.S. and M.A. in Engineering from Montana State University—Bozeman. He graduated magna cum laude from Harvard Law School, where he was an editor of the Harvard Law Review.


EARN ONE HOUR OF MCLE CREDIT

When:  Wednesday, September 13, 2017, 11:30 a.m. (registration), 12:00 p.m. (lunch)

Where:  Oliver Café at Equinox Sports Club, 1980 Main Street, Irvine, Tel. (949) 
251-6363.  Bring your parking ticket to the luncheon for validation.

Cost: $30/members, $35/nonmembers, $20/students, for lunch and 1 hour of MCLE credit (the Federalist Society is a California State Bar approved provider of MCLE).


RSVP and Pay: To RSVP and pay by credit card, click the Buy Now button on the right. 
To pay by cash, credit card or check at the door, please send an RSVP to Carol Matheis, at OCFederalist@cox.net and make checks payable to "The Federalist Society."  

We welcome all interested attorneys and non-attorneys to our events.