When some New York Law School students first decided to organize a Federalist Society chapter many years ago, they actually asked me to be their faculty advisor. Some will say that this shows how hard it is to find a conservative law professor. But what it really shows is that these New York Law School students were honoring this organization's libertarian founding principles. Those principles are reflected in the opening words of the Federalist Society's mission statement: "The Federalist Society ... is founded on the principle[] that the state exists to preserve freedom.... The Society seeks ... [to reorder] priorities within the legal system to place a premium on individual liberty...." (1) Also relevant to this Essay's topic, the mission statement declares that "the separation of governmental powers is central to our Constitution." (2) Unfortunately, the "War on Terror" (3) has violated these fundamental precepts of the Federalist Society in numerous ways, with devastating consequences for liberty, democracy, and national security alike. For details, refer to the website of a certain organization that has been promoting the libertarian aspect of the Federalist Society's agenda for almost ninety years now. The American Civil Liberties Union has been working closely with many national security experts and other diverse allies in our campaign to keep our great country both "Safe and Free." (4)
