Neo vs. Paleo Conservatives

But as to the contentious issue of the reach of presidential authority, the Federalist Society membership is not united. Professor Yoo, who wrote several memorandums while in the Justice Department arguing that the president’s power is expanded during a war on terrorism, represents one wing of the conservatives, while many in the group are smaller-government libertarians.

At a spirited panel discussion Friday with Professor Yoo, one of the revered figures of the group, Prof. Richard Epstein of the University of Chicago Law School, branded as dangerous the notion of expanded powers for the executive branch because of the continuing fight against terrorism.

“This is an issue which splits this group right down the middle,” Professor Epstein said.