In his opening essay, Jesse Merriam calls for a more positive, more substantive, and more ambitious legal conservatism. An almost exclusive focus on originalism, he suggests, has made the conservative legal movement too narrow, technocratic, and reactive. Merriam argues it has become overly concerned with means, such as the correct rules of constitutional interpretation, instead of ends, like securing the common good. It is too preoccupied with correcting old wrongs, like reversing erroneous precedents, instead of achieving positive results, such as fostering the conditions of a virtuous and orderly society. The scions of legal conservatism, Merriam contends, should learn from the great legal-political movements of the past like the New Deal and the civil rights movement and seek, through legal and political activism, to build the kind of legal order necessary to restore the nation’s traditional political identity.
