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Michael Greve, "Liberals in Exile" Legal Times, May 2, 2005 (legaltimes.com)
Liberal judicial theorists, led by George Washington University law professor Jeffrey Rosen, have alleged that a secret cabal of radical right-wingers has formed a "Constitution-in-exile movement" aimed at overthrowing the Constitutional settlement adopted during the New Deal in 1937. Proponents would outlaw core programs of the regulatory state (Social Security, the Clean Water Act, the Federal Reserve, etc.) as un-Constitutional. Rosen alleges the movement is just a few Supreme Court spots away from victory.
AEI scholar Michael Greve, identified by Rosen as one of the movement's leaders, contends that Rosen is crying wolf in order to cover up a genuine threat to the U.S. Constitution. He notes that the "supposedly conservative Court has cranked out an amazing array of newfangled rights, especially on sexual mores." As for the "movement" Greve can find no use of the term "Constitution-in-exile" by the Right since 1995. Nor are those accused of belonging to the movement ...