"Keeping Faith" Co-Author Nominated to Key DOJ Position

May 22, 2009

The White House has officially announced its intent to nominate Prof. Christopher Schroeder (right) of Duke University School of Law to the head the Justice Department's Office of Legal Policy.

"In his new role, Schroeder would be a leading voice on legislation related to law enforcement and the federal court system, and on nominations for the federal judiciary," according to The Blog of the Legal Times. "If confirmed by the Senate, he would be the chief policy advisor to Attorney General Eric Holder Jr. and Deputy Attorney General David Ogden."

Along with Profs. Goodwin Liu and Pamela Karlan, Schroeder co-authored Keeping Faith with the Constitution, released this month by ACS. In Keeping Faith, the co-authors write, "[O]ur central theme is that the practice of constitutional interpretation must be faithful to what the Constitution is: not a legal code, not a lawyer's contract, but a basic charter of government whose practical meaning arises from the continual adaptation of its enduring text and principles to the conditions and challenges facing each generation." Liu and Karlan will join Judges Rosemary Barkett and Judge Jeffrey Sutton along with Supreme Court litigators Tom Goldstein and Pamela Harris to explore the ideas set forth in Keeping Faith with the Constitution at the 2009 ACS National Convention.

Writing in The Huffington Post, Prof. Geoffrey Stone described Keeping Faith as a work that "critiques the ‘conservative' approaches to constitutional interpretation - originalism and so-called strict construction, and then traces out a more progressive approach to constitutional interpretation, which the authors describe as ‘constitutional fidelity,' which is designed both to preserve the Constitution's meaning over time while at the same time recognizing that the Framers intended the Constitution to be a ‘visionary document.'"

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