Conservatives Embrace ‘Common-Good Constitutionalism’ for Strong Rule
In the realm of legal theory, a new wave is emerging among conservatives, shifting away from the traditional principles of originalism. This evolution is spearheaded by Adrian Vermeule, a distinguished professor at Harvard Law School, who has introduced the concept of “common-good constitutionalism” as a fresh perspective that transcends the confines of originalist ideology.
Vermeule, often regarded as an “ideological lodestar” within conservative circles, has garnered attention for his departure from originalism, which emphasizes interpreting the Constitution based on the text and the intent of the framers. In a notable essay published in the Atlantic in March 2020, he boldly proclaimed that originalism has surpassed its relevance, paving the way for a more robust and values-driven approach.
The crux of common-good constitutionalism lies in the belief that the government plays a crucial role in steering society towards the greater good, advocating for strong governance to achieve this objective. Unlike originalism, which prioritizes individual autonomy and checks on power, common-good constitutionalism seeks to empower rulers to govern effectively for the collective benefit of society.
While Vermeule’s theory has sparked debate and criticism from both ends of the political spectrum, it has also found resonance among certain judicial circles. Notably, federal appeals judges such as James C. Ho and Paul B. Matey have shown interest in common-good constitutionalism, with references to Vermeule’s work appearing in appellate decisions.
The influence of common-good constitutionalism extends beyond academic and judicial realms, making its mark in the political arena as well. Vice President JD Vance, a prominent figure within the Republican party, has engaged with Vermeule’s ideas, emphasizing the importance of respecting the executive branch’s legitimate authority in governance.
In a recent social media post, Vance echoed Vermeule’s sentiments regarding judicial interference with executive actions, highlighting the ongoing discourse surrounding the separation of powers and the boundaries of judicial review. While some critics have raised concerns about potential implications of unchecked executive power, Vermeule has defended the principles underlying common-good constitutionalism as a means to uphold effective governance.
As the dialogue around constitutional interpretation continues to evolve, the emergence of common-good constitutionalism offers a nuanced perspective that challenges traditional paradigms while advocating for a more purpose-driven approach to governance. In a landscape marked by shifting ideologies and competing viewpoints, Vermeule’s theory stands as a testament to the ongoing evolution of legal theory and the enduring quest for a more just and equitable society.
