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Illustration by Giulio Bonasera for POLITICO | Constitutional originalism might be the most successful conservative idea of our time. It is the engine that drove the Federalist Society's rise, the intellectual foundation of conservative jurisprudence over the last 40 years. Without it, Roe would still be the law of the land. Not good enough, say some young conservatives. They want to move in a more radical direction. In place of status quo originalism — with its emphasis on time-honored legal principles of the right, like the sanctity of individual rights, the importance of judicial restraint and the wisdom of limited government — some prefer a new theory laid out in a book by Harvard Law professor Adrian Vermeule. He calls the concept "common good constitutionalism," and it's become a flash-point in a broader intra-conservative debate about the future of the conservative legal movement. "The cornerstone of Vermeule's theory is the claim that 'the central aim of the constitutional order is to promote good rule, not to 'protect liberty' as an end in itself' — or, in layman's terms, that the Constitution empowers the government to pursue conservative political ends, even when those ends conflict with individual rights as most Americans understand them," writes Ian Ward. Outright bans on abortion and same-sex marriage, limits on expression, expanded authorities for the government to, say, ban pornography — where originalism demures, common good constitutionalism offers these conservative goals up on a plate. For now, the debate between originalism and common good constitutionalism is playing out in the pages of academic law journals, on obscure conservative blogs and in the nerdier corners of conservative legal Twitter. But it could determine the future of the legal right post-Dobbs . And it's already beginning to filter into the mainstream. Read Ward's story .
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| "The senators of the United States have no use for their heads, except to serve as a knot to keep their bodies from unraveling." Can you guess who said this? Scroll to the bottom for the answer.**
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Sam Bankman-Fried testifies during a hearing before the House Financial Services Committee on Dec. 8, 2021. | Alex Wong/Getty Images | The Bipartisan Crypto Scandal … Washington loves a good scandal — as long as it can be used as partisan ammo. But the crypto industry cozied up to both parties, leaving the spectacular implosion of FTX without a clear political loser. Whether you're a Democrat or Republican, to criticize politicians over the crypto exchange's collapse would be to criticize your own party. In fact, "instead of knifing colleagues as a way of riding the crypto meltdown to political fame, ambitious members seem to be giving FTX-adjacent colleagues cover," writes Michael Schaffer in this week's Capital City column .
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| 22 percent … of Republican men have a favorable opinion of Ye, the rapper formerly known as Kanye West, compared to 17 percent of Republican women, 17 percent of Democratic men and 6 percent of Democratic women.
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POLITICO illustration/Photo by AP Photo | Biblical Breakdown … In the latest sign that political division is a defining factor of American life, congregations across the South are leaving the United Methodist Church over its perceived leniency on LGBTQ issues. It's not exactly a good sign, writes Josh Zeitz — the last time the church went through such a major split was in the 1840s, when the issue of slavery drove congregations apart, portending the Civil War.
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| Nine months after Russian authorities arrested WNBA star and two-time Olympic gold medalist Brittney Griner for possessing cannabis vape cartridges, the Biden administration has pulled off a prisoner swap, offering up notorious arms dealer Viktor Bout to secure Griner's return. Here's what you need to know: - The Biden administration expected two Americans in exchange f or someone as dangerous as Bout: Griner and Paul Whelan, the former Marine imprisoned in Russia on unproven espionage charges. The Russians demanded former KGB colonel and convicted murderer Vadim Krasikov as well. When that didn't pan out, they came back with a one-or-none offer: Bout for Griner, and only Griner. Washington agreed. - Whelan has been in Russian custody since 2018, and Griner's release marks the second time this year that another American held in Russia has been exchanged while he's stayed behind . He told CNN that he's happy for Griner , but "greatly disappointed that more has not been done to secure my release, especially as the four year anniversary of my arrest is coming up." - Griner's agent vowed that, after this ordeal, Griner and other activist athletes will keep advocating for other Americans wrongfully detained abroad. - Insiders will be debating whether or not it was appropriate for the Biden administration to release Bout, who is responsible for enabling heinous crimes like torture and child warfare, as well as aiding the Taliban in Afghanistan. Derek Maltz, who led the DEA division that took Bout down in a 2008 sting in Thailand, told ABC News that it was "a great day for Brittney Griner and for America," but that he was "disgusted" by Bout's release. - Griner and Bout walked past each other to get to their planes. They did not make eye contact .
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| |  Movie-star cowboy Montie Montana lassos President-elect Dwight D. Eisenhower in 1953. | AP | At his inaugural parade in 1953, Dwight D. Eisenhower became the first (and only) president-elect to be lassoed on stage. Eisenhower was from the famous cowtown of Abilene, Kansas, and he loved Western novels and movies — hence this appearance by movie-star-slash-cowboy Montie Montana. Montana was initially supposed to present a 10-gallon hat to both Eisenhower and Vice President-elect Richard Nixon, but produced this spectacle after Eisenhower gave on-the-spot permission for a lassoing. One secret service agent later told Montana that if they hadn't heard the president give Montana permission, " he would have been a sieve " — meaning he would have been shot full of holes.
| | | **Who Dissed answer: It was Woodrow Wilson, who repeatedly lobbed this zinger after the Senate shot down his proposal to join the League of Nations after World War I, in 1919. politicoweekend@email.politico.com
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