Foreign Policy, China, and the Resurgence of Executive Branch Primacy
Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter's unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator Barry Goldwater and other ......
When Abraham Lincoln was sworn into office, seven slave states had preemptively seceded rather than recognize the legitimacy of his election. In his first inaugural address on March 4, 1861, Lincoln replied to the secessionists and set forth a principled defense of majority rule as "the only true sovereign of a free people." His immediate purpose ......
In 1966 Richard Nixon hired Patrick J. Buchanan, a young editorial writer at the St. Louis Globe-Democrat, to help lay the groundwork for his presidential campaign. Fiercely conservative and a whiz at messaging and media strategy, Buchanan continued with Nixon through his tenure in office, becoming one of the president's most important and trusted ......
The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that ......
One of the earliest and most consequential presidential decisions in American history was George Washington's choice to step down after two terms in office, despite the fact that he would almost certainly have won a third term had he chosen to run. The example he intended to set-and the circumstances he faced at the time-tell a more complicated ......
One of the earliest and most consequential presidential decisions in American history was George Washington's choice to step down after two terms in office, despite the fact that he would almost certainly have won a third term had he chosen to run. The example he intended to set-and the circumstances he faced at the time-tell a more complicated ......
The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer
In the current legal climate where "everyone is an originalist," conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, "reading the law forward"-what some call judicial pragmatism or ......
An Introduction to Natural Law Jurisprudence in American ConstitutionalHistory
In Freedom's Anchor, famed legal commentator Judge Andrew P. Napolitano makes the case for using natural law principles to restrain government. Going back to Aristotle, Augustine, and Aquinas, Judge Napolitano identifies the origins of Natural Law Theory and explains its growth and development in English and American law. He argues compellingly ......
Why the Supreme Court Is not the Last Word on the Constitution
Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the "unalterable ......
