American Constitutionalism and the Legacy of Progressivism

American Constitutionalism and the Legacy of Progressivism

A Public Conference Cosponsored by the Association for the Study of Free Institutions,

University of Nebraska at Omaha

Lewis Library 120May 21-22, 2012

American Constitutionalism and the Legacy of ProgressivismThis year marks the 100th anniversary of the election of 1912, which retired William Howard Taft from the

presidency and elevated Woodrow Wilson in his place. That election featured a stark contrast between, on the one hand, a progressivism that sought to increase the power of government with a view to ameliorat-ing economic inequality, and, on the other, an older constitutional conservatism committed to more strictly limited government. 2012 promises to see an election of no less historical import, and one involving similar themes. With the election in 2008 of Barack Obama, progressivism seemed once again ascendant, and the president and his supporters in Congress enacted ambitious legislation, most especially the health care act, animated by a progressive impulse to increase government’s reach with the aim of addressing social and eco-nomic inequalities. This agenda, however, also provoked strenuous opposition. That opposition gave rise to a new movement in American politics, the “tea party,” many of whose members have criticized the president’s agenda not only as imprudently ambitious, but even as transcending constitutional limits on federal power. These parallels remind us that the contest between progressivism and constitutional conservatism is an enduring aspect of modern American politics, one that may reflect a permanent tension in the nature of our regime. With a view to understanding that contest and that tension, along with their historical and contem-porary implications for our politics, the James Madison Program in American Ideals and Institutions and the Association for the Study of Free Institutions are pleased to announce a conference on American Consti-tutionalism and the Legacy of Progressivism. The program includes scholars from a variety of disciplines in the social sciences and humanities speaking on issues relating to this theme. We seek to address a number of questions: How has progressivism influenced the development of American institutions? Has it merely adapt-ed those institutions to new circumstances, or has it transformed them radically from their original character? What ideas and issues were contested in the election of 1912, and to what extent are they still in play today? What is the relationship of progressivism to the American founding? Can it claim to have philosophic roots in the founding, or does it represent ideas alien to the American regime as it was first established? How has progressivism influenced the development of American law and constitutional interpretation? Finally, and most generally, how does progressivism shape contemporary American politics and culture, and what is likely to be the future of its influence?

American Constitutionalism and the Legacy of ProgressivismAmerican Constitutionalism

and the Legacy of Progressivism

The James Madison Program would like to thank the Thomas W. Smith Foundation and the VERITAS Fund for their generous support of this conference.

Conference ScheduleMonday, May 21, 2012

10:30 – Noon Presentation of Award of the Association for the Study of Free Institutions to James W. Ceaser

Keynote Address James W. Ceaser, Harry F. Byrd Professor of Politics, Woodrow Wilson Department of Politics, University of Virginia

1:30 – 3:15 p.m. Progressivism and Institutional Change

Panelists: John J. Dinan, Wake Forest University Kenneth P. Miller, Princeton University & Claremont McKenna College Ralph A. Rossum, Claremont McKenna College

Chair: William B. Allen, Michigan State University

3:45 – 5:30 p.m. � e Election of 1912

Panelists: Louise W. Knight, Northwestern University Sidney M. Milkis, University of Virginia Nick Salvatore, Cornell University

Chair: Daniel K. Williams, Princeton University & University of West Georgia

Tuesday, May 22, 2012

9:15 – 11:00 a.m. Progressivism and the American Founding

Panelists: Alan R. Gibson, California State University, Chico Charles R. Kesler, Claremont McKenna College Johnathan O’Neill, Georgia Southern University

Respondent: William Kristol, � e Weekly Standard

Chair: Carson L. Holloway, University of Nebraska, Omaha

11:30 – 1:15 p.m. American Law and the Legacy of Progressivism

Panelists: Barry Cushman, Princeton University & University of Virginia Ken I. Kersch, Boston College Paul D. Moreno, Hillsdale College Bradley C. S. Watson, St. Vincent College

Chair: Keith E. Whittington, Princeton University

2:45 – 4:30 p.m. � e Legacy of Progressivism in Contemporary American Politics and Culture: A Roundtable Discussion

Panelists: James W. Ceaser, University of Virginia Patrick J. Deneen, Georgetown University Allen C. Guelzo, Gettysburg College William Kristol, � e Weekly Standard

Chair: Robert P. George, Princeton University

About the James Madison ProgramFounded in the summer of 2000, the James Madison Program in American Ideals and Institutions in the Department of Politics at Princeton University is dedicated to exploring enduring questions of American constitutional law and Western political thought. Th e Program is also devoted to examining the application of basic legal and ethical principles to contemporary problems. To realize its mission, the James Madison Program implements a number of initiatives. Th e Program awards visiting fellowships and postdoctoral appointments each year to support scholars conducting research in the fi elds of constitutional law and political thought. Th e Program supports the James Madison Society, an international community of scholars, and promotes civic education by its sponsorship of conferences, lectures, seminars, and colloquia. Th e Program’s Undergraduate Fellows Forum provides opportunities for Princeton undergraduates to interact with Madison Program Fellows and speakers. Th e success of the James Madison Program depends on the support of foundations and private individuals who share its commitment in advancing the understanding and appreciation of American ideals and institutions.

About the Association for the Study of Free InstitutionsTh e Association for the Study of Free Institutions is a scholarly organization seeking to promote multi-disciplinary inquiry into the free society – its philosophic, cultural, and institutional conditions, its character, its strengths and limitations, and the challenges it faces. ASFI works to unite scholars from a variety of disciplines in the social sciences and humanities – political science, history, law, economics, sociology, psychology, anthropology, theology, classics, education – in order to revive the study of freedom as a major concern of American higher education. Mindful that the questions to which freedom gives rise are oft en controversial, that freedom carries certain costs, and that we have things to learn even from its most determined critics, ASFI welcomes intellectual diversity. It seeks the participation of scholars representing not only a variety of intellectual disciplines, but also a diversity of moral and philosophical positions. Ultimately, ASFI aims to revitalize higher education and our public discourse by encouraging scholarship and teaching that will contribute to the preservation and improvement of our free civilization

ParticipantsWilliam B. Allen is Emeritus Professor of Political Philosophy in the Department of Political Science, and Emeritus Dean, James Madison College, at Michigan State University. In 2008-2009, Professor Allen was Visiting Senior Scholar in the Matthew J. Ryan Center at Villanova University. He was the 2006 - 2007 Ann & Herbert W. Vaughan Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University. He also served previously on the National Council for the Humanities and as Chairman and Member of the United States Commission on Civil Rights. His areas of expertise include the American founding and American constitutionalism, including their philosophical roots; the history, importance, and problems of liberal arts education; and the intersection of race and politics. Among his many books are George Washington: A Collection (Liberty Press), George Washington: America’s First Progressive (2008), Rethinking Uncle Tom: � e Political Philosophy of H. B. Stowe (2009), and � e Personal and the Political: � ree Fables by Montesquieu (2008). Professor Allen received his Ph.D. from Claremont Graduate School.

James W. Ceaser is a Senior Fellow at the Hoover Institution, and the Harry F. Byrd Professor of Politics at the University of Virginia where he is also Director of the Program for Constitutionalism and Democracy. He has held visiting positions at Harvard University, Oxford University, the University of Basel, and the University of Bordeaux, and was the James Madison Program’s 2007-08 Garwood Visiting Fellow and Visiting Professor in the Department of Politics at Princeton University. He is the author of several books on American politics and American political thought, including Presidential Selection (Princeton University Press, 1979), Liberal Democracy and Political Science (Johns Hopkins University Press, 1992), Reconstructing America (Yale University Press, 1997), Nature and History in American Political Development (Harvard University Press, 2006), and Designing a Polity (Rowman and Littlefi eld, 2011). He is a frequent contributor to the popular press. He received his Ph.D. from Harvard University.

Barry Cushman is the Spring 2012 Forbes Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University, and Distinguished Professor of Law, David H. Ibbeken Research Professor, and Professor of History at the University of Virginia. He writes about the relations among constitutional law, political economy, and social reform movements in the late 19th and early 20th centuries. His book Rethinking the New Deal Court: � e Structure of a Constitutional Revolution (Oxford University Press), was awarded the American Historical Association’s 1998 Littleton-Griswold Prize in American Law and Society. He is the former director of Virginia’s Program on Legal and Constitutional History and of its dual-degree program in legal history. He has served on the Board of Directors of the University of Virginia Press and on the Board of Directors and the Executive Committee of the American Society for Legal History.  In Fall 2012, he will join Notre Dame Law School as John P. Murphy Foundation Professor of Law. He received his B.A. from Amherst College, and his J.D., M.A., and Ph.D. from University of Virginia.

Patrick J. Deneen is the Tsakopoulos-Kounalakis Associate Professor of Government and Founding Director of the Tocqueville Forum on the Roots of American Democracy at Georgetown University.  Prior to his appointment at Georgetown University, he was on the faculty of the Politics Department at Princeton University and Special Advisor and Speechwriter to the Director of the United States Information Agency. He was the 2008-09 Ann and Herbert W. Vaughan Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University.  He is the author of � e Odyssey of Political � eory and of Democratic Faith, and co-editor of Democracy’s Literature: Politics and Fiction in America. He is also co-editor of two collections of essays by Wilson Carey McWilliams: Redeeming Democracy in America (2011) and � e Democratic Soul (2011). In Fall 2012, he will join the faculty of the University of Notre Dame, where he will teach in the Constitutional Studies Program of the Department of Political Science.  He holds a Ph.D. from Rutgers University.

John Dinan is Professor of Political Science at Wake Forest University and was William E. Simon Visiting Fellow in the James Madison Program for American Ideals and Institutions at Princeton University in 2009-10. His research focuses on state constitutionalism, federalism, and American political development. He is the Chair of the Federalism and Intergovernmental Relations section of the American Political Science Association. He is the author of Keeping the People’s Liberties: Legislators, Citizens, and Judges as Guardians of Rights (1998), � e American State Constitutional Tradition (2006), and � e Virginia State Constitution (Oxford, 2011). He received his Ph.D. from the University of Virginia.

Robert P. George is McCormick Chair of Jurisprudence at Princeton University and is the founding director of the James Madison Program. He recently was appointed to the United States Commission on International Religious Freedom (USCIRF), an independent bipartisan Federal agency appointed by the President of the United States and leaders of both parties in the House and Senate.  He has served on the President’s Council on Bioethics and as a presidential appointee to the United States Commission on Civil Rights. He has also served on UNESCO’s World Commission on the Ethics of Science and Technology, of which he continues to be a corresponding member. He is a former Judicial Fellow at the Supreme Court of the United States, where he received the Justice Tom C. Clark Award. He is the author of In Defense of Natural Law, Making Men Moral: Civil Liberties and Public Morality, and � e Clash of Orthodoxies: Law, Religion and Morality in Crisis, and co-author of Embryo: A Defense of Human Life, Body-Self Dualism in Contemporary Ethics and Politics, and the forthcoming What is Marriage? Man and Woman: A Defense.  Professor George is a recipient of many honors and awards, including the Presidential Citizens Medal, the Honorifi c Medal for the Defense of Human Rights of the Republic of Poland, the Canterbury Medal of the Becket Fund for Religious Liberty, the Sidney Hook Memorial Award of the National Association of Scholars, the Philip Merrill Award of the American Council of Trustees and Alumni, the Bradley Prize for Intellectual and Civic Achievement and the Stanley Kelley, Jr. Teaching Award from Princeton’s Department of Politics. He was the 2007 John Dewey

Lecturer in the Philosophy of Law at Harvard, the 2008 Judge Guido Calabresi Lecturer in Law and Religion at Yale, the 2008 Sir Malcolm Knox Lecturer in Philosophy at the University of St. Andrews, and the 2010 Frank Irvine Lecturer in Law at Cornell University. He is a member of the Council on Foreign Relations, and holds honorary doctorates of law, ethics, science, letters, civil law, humane letters, and juridical science. A graduate of Swarthmore College and Harvard Law School, he also received a master’s degree in Th eology from Harvard and a doctorate in Philosophy of law from Oxford University.

Alan R. Gibson is Professor of Political Science at California State University, Chico. He was a 2005-06 Garwood Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University, a Fellow at the Social Philosophy and Policy Center at Bowling Green State University, and a Fellow at the International Center for Jeff erson Studies in Charlottesville, VA. He is the author of Interpreting the Founding: Guide to the Enduring Debates Over the Origins and Foundations of the American Republic (2nd edition, 2010) and Understanding the Founding: � e Crucial Questions (2nd edition, 2010). He has also published articles in Polity, History of Political � ought, � e Review of Politics, and � e Political Science Reviewer. He is currently writing a book on the political thought of James Madison entitled James Madison and the Creation of an Impartial Republic. He received his Ph.D. from the University of Notre Dame.

Allen C. Guelzo is the Henry R. Luce Professor of the Civil War Era and Director of Civil War Era Studies at Gettysburg College. He was the James Madison Program’s 2010-11 Garwood Visiting Fellow and Visiting Professor of Politics at Princeton University. He is the author of Abraham Lincoln: Redeemer President, which won the Lincoln Prize for 2000, Lincoln’s Emancipation Proclamation: � e End of Slavery in America, which won the Lincoln Prize for 2005, Lincoln and Douglas: � e Debates � at De� ned America, which won the Abraham Lincoln Institute Prize for 2008, Abraham Lincoln As A Man of Ideas (2009), a collection of essays, and Lincoln, a volume in Oxford University Press’s ‘Very Short Introductions’ series (2009). His newest work is Fateful Lightning: A New History of the Civil War and Reconstruction (Oxford University Press). His articles and essays have appeared in scholarly journals, and also in � e Wall Street Journal, � e Christian Science Monitor, � e Washington Post, and the Los Angeles Times, and he has been featured on NPR, the Discovery Channel, the National Geographic Channel, Brian’s Lamb’s BookNotes, and Th e Daily Show with Jon Stewart. In September 2005, he was nominated by President Bush to the National Council on the Humanities. He holds an M.A. and a Ph.D. in History from the University of Pennsylvania.

Carson Holloway is Associate Professor of Political Science at the University of Nebraska at Omaha, and is Executive Director of the Association for the Study of Free Institutions. He teaches political philosophy, constitutional law, and American government. He was a 2005-06 William E. Simon Visiting Fellow in Religion and Public Life in the James Madison Program at Princeton University. He is the author of � e Way of Life: John Paul II and the Challenge of Liberal Modernity (Baylor University Press), � e Right Darwin? Evolution, Religion, and the Future of Democracy (Spence Publishing), and All Shook Up: Music, Passion and

Politics (Spence Publishing), and the editor of a collection of essays entitled Magnanimity and Statesmanship (Lexington Books). His articles have appeared in the Review of Politics, Interpretation: A Journal of Political Philosophy, Perspectives on Political Science, and First � ings. He received his Ph.D. in Political Science from Northern Illinois University in 1998.

Ken I. Kersch is Associate Professor of Political Science, History, and Law at Boston College. His work focuses on American political and constitutional development and American political thought. He was the 2001-02 Ann and Herbert W. Vaughan Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University. Kersch served as Founding Director of Boston College’s Clough Center for the Study of Constitutional Democracy from 2008-2012. He was the recipient of the Edward S. Corwin Award from the American Political Science Association (2000), the J. David Greenstone Award from APSA’s Politics and History Section (2006), and the Hughes Gossett Award from the Supreme Court Historical Society (2006). He is the author (with Ronald Kahn) of � e Supreme Court and American Political Development (2006), Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law (2004), and many articles and reviews. He is currently a featured blogger for Balkinization. He is completing a book entitled Conservatives and the Constitution: From Brown to Reagan (Cambridge University Press). He received his B.A. from Williams College, his J.D. from Northwestern University, and his Ph.D. from Cornell University.

Charles R. Kesler is the Dengler-Dykema Distinguished Professor of Government at Claremont McKenna College.  He is the editor of the Claremont Review of Books and a Senior Fellow of the Claremont Institute for the Study of Statesmanship and Political Philosophy.  From 1989 to 2008, he was Director of the Henry Salvatori Center for the Study of Individual Freedom in the Modern World at Claremont McKenna College. From September 2000 to March 2001, he served as Vice Chairman of the Advisory Committee to the U.S. Congress’s James Madison Commemoration Commission. He is editor of Saving the Revolution: � e Federalist Papers and the American Founding (Free Press, 1987), and co-editor, with William F. Buckley, Jr., of Keeping the Tablets: Modern American Conservative � ought (HarperCollins, 1988). He has written extensively on American constitutionalism and political thought, and his edition of � e Federalist Papers (Signet Classics, 2003) is the best-selling edition in the country. His new book, I Am the Change:  Barack Obama and the Crisis of Liberalism, will be published in September by HarperCollins. He received his A.B. in Social Studies and his A.M. and Ph.D. in Government from Harvard University.

Louise W. Knight is a Visiting Scholar in the Gender Studies Program at Northwestern University. Her interests within American history include nineteenth and twentieth century American reform, women’s history, Progressive history, and radical rhetoric. She is the author of two books: Jane Addams: Spirit in Action (W.W. Norton, 2010) and Citizen: Jane Addams and the Struggle for Democracy (University of Chicago Press, 2005). Her essays have been published in the Journal of Women’s History, Gender & History, and the Journal

of Community Practice, and in four book collections, including Jane Addams and the Practice of Democracy, Marilyn Fischer et. al. eds. (University of Illinois Press, 2009); and Feminist Interpretations of Jane Addams, Maurice Hamington, ed. (Penn State University Press, 2010). She has reviewed for � e New York Times Book Review, � e Wall Street Journal, � e Journal of Women’s History, � e Journal of American History, and � e Women’s Review of Books, and provided entries about Jane Addams for numerous encyclopedias. Her research has been funded by a fellowship from the National Endowment for the Humanities and grants from the Spencer Foundation, the Lilly Endowment, and the Ludwig Vogelstein Foundation. She is currently working on a dual biography of the abolitionist-feminist sisters, Sarah and Angelina Grimké. She earned her B.A. and her Master of Arts in Teaching from Wesleyan University.

William Kristol is Editor of � e Weekly Standard. He is also a regular panelist on Fox News Sunday, a contributor for the Fox News Channel, and a monthly columnist for the Washington Post. Before starting the Weekly Standard in 1995, Mr. Kristol led the Project for the Republican Future, where he helped shape the strategy that produced the 1994 Republican congressional victory. Prior to that, Mr. Kristol served as Chief of Staff to Vice President Dan Quayle during the fi rst Bush Administration, and to Education Secretary William Bennett under President Reagan. Before coming to Washington in 1985, Mr. Kristol was on the faculty of Harvard University’s Kennedy School of Government and the Department of Political Science at the University of Pennsylvania. He received his Ph.D. in Government from Harvard University. Sidney M. Milkis is the White Burkett Miller Professor of the Department of Politics and Director for Studies in Democracy and Governance at the Miller of Public Aff airs at the University of Virginia. In addition to teaching undergraduate and graduate students, he regularly gives public lectures on American politics and participates in programs for international scholars and high school teachers that probe the deep historical roots of contemporary developments in the United States. His books include � e President and the Parties: � e Transformation of the American Party System Since the New Deal (1993); � e Politics of Regulatory Change (1996), with Richard Harris; Political Parties and Constitutional Government: Remaking American Democracy (1999); Presidential Greatness (2000), coauthored with Marc Landy; � e American Presidency: Origins and Development, 1776-2011 (2011), 6th edition, coauthored with Michael Nelson; and, most recently, � eodore Roosevelt, the Progressive Party, and the Transformation of American Democracy (2009). He is the co-editor, with Jerome Mileur, of three volumes on twentieth century political reform: Progressivism and the New Democracy (1999); � e New Deal and the Triumph of Liberalism (2002); and � e Great Society and the High Tide of Liberalism (2005). His articles have been published in Perspectives on Politics, Political Science Quarterly, � e Journal of Policy History, Studies in American Political Development, and numerous edited volumes.  He received his M.A. and Ph.D. from the University of Pennsylvania.

Kenneth P. Miller is the 2011-12 Ann and Herbert W. Vaughan Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University, and Associate Professor of Government and Associate Director of the Rose Institute of State and Local Government at Claremont McKenna College. He is author of Direct Democracy and the Courts (Cambridge University Press, 2009) and co-editor or � e New Political Geography of California (Berkeley Public Policy Press, 2008).  His other publications include “Th e Democratic Party’s Religious Divide” and “Th e Davis Recall and the Courts.”  He is currently working on a book on state supreme courts.  Before pursuing an academic career, He practiced law with the fi rm of Morrison & Foerster in Los Angeles and Sacramento.  He holds a B.A. from Pomona College, a J.D. from Harvard Law School, and a Ph.D. in Political Science from the University of California at Berkeley.

Paul Moreno is the William and Berniece Grewcock Chair in the American Constitution and is the Dean of Faculty at Hillsdale College. He has taught at Hillsdale College for twelve years, held a visiting professorship the University of Paris School of Law, and was a 2005-06 Visiting Fellow in the James Madison Program at Princeton University. He is the author of From Direct Action to A� rmative Action: Fair Employment Law and Policy in America, and Black Americans and Organized Labor: A New History, both published by Louisiana State University Press. He earned his Ph.D. under Herman Belz at the University of Maryland.

Johnathan O’Neill is Associate Professor and Chair of the Department of History at Georgia Southern University.  He is the author of Originalism in American Law and Politics: A Constitutional History (2005) and co-editor (with Gary L. McDowell) of a multi-author essay collection, America and Enlightenment Constitutionalism (2006).  His articles have appeared in � e Review of Politics, � e Modern Law Review, and the Northwestern University Law Review.  His current research is on “Constitutionalism and American Conservatism in the Twentieth Century,” and articles related to this project have been published in Journal of Church and State; Rethinking History: � e Journal of � eory and Practice; and � e European Legacy: Toward New Paradigms. He received his B.A. from Colgate University and his M.A. and Ph.D. from the University of Maryland.

Ralph A. Rossum is the Henry Salvatori Professor of American Constitutionalism at Claremont McKenna College and a member of the faculty of Claremont Graduate University. He has served as Associate Dean of the Graduate School at Loyola University of Chicago, as Vice President and Dean of the Faculty at Claremont McKenna College, as a member of the Board of Trustees of Th e Episcopal Th eological Seminary of Claremont, as President of Hampden-Sydney College, and as Chairman of the Board of Trustees of the American Academy of Liberal Education, a national accrediting agency for liberal arts colleges and universities. He has an extensive record of public service. He was a member of the Police Reserve in Memphis, Tennessee. He served as Deputy Director for Data Analysis of the Bureau of Justice Statistics in the U.S. Department of Justice. He has also served as a member of the Advisory Board of the National Institute of Corrections in the U.S. Department of Justice, and as a member of the National Board of the

Fund for the Improvement of Post-Secondary Education (FIPSE) in the U.S. Department of Education. He currently serves as a member of the California Advisory Committee, U.S. Commission on Civil Rights. He is the author or co-author of ten books, including American Constitutional Law, a two-volume work now in the eighth edition, Antonin Scalia’s Jurisprudence: Text and Tradition (University Press of Kansas, 2006), and, most recently, � e Supreme Court and Tribal Gaming: California v. Cabazon Band of Mission Indians, (University Press of Kansas, 2011) and over 70 book chapters or articles in law reviews and professional journals. He is currently writing � e Jurisprudence of Clarence � omas: Constitutional Restoration, under contract with the University Press of Kansas. He earned his M.A. and Ph.D. from the University of Chicago.

Nick Salvatore is the Maurice and Hinda Neufeld Founders Professor of Industrial and Labor Relations and Professor of American Studies at Cornell University. He was a Senior Fellow in Residence at the Institute for the Advanced Study of Religion at Yale University, and has twice received fellowships from the National Endowment for the Humanities. He is the author of Eugene V. Debs: Citizen and Socialist (1982), which received the Bancroft Prize in History and the John H. Dunning Prize, and We All Got History: � e Memory Books of Amos Webber (1996), which received the New England History Association’s Outstanding Book Prize. Singing in a Strange Land: Rev. C. L. Franklin, the Black Church, and the Transformation of America is his third biography. He has also edited a number of books, most recently Faith and the Historian: Catholic Perspectives. He received his M.A. and Ph.D. from the University of California, Berkeley.

Bradley C. S. Watson is Professor of Politics at St. Vincent College, where he holds the Philip M. McKenna Chair in American and Western Political Th ought, and is Co-Director of the Center for Political and Economic Th ought. He is Senior Scholar at the Intercollegiate Studies Institute and a fellow of the Claremont Institute. He held a visiting faculty appointment at Claremont McKenna College and was a 2005-06 Visiting Fellow in the James Madison Program in American Ideals and Institutions at Princeton University. He serves on the boards of directors of several organizations, including Th e Philadelphia Society and the National Association of Scholars. He has authored or edited many books including Living Constitution, Dying Faith: Progressivism and the New Science of Jurisprudence, Civil Rights and the Paradox of Liberal Democracy, Ourselves and Our Posterity: Essays in Constitutional Originalism, � e West at War, Civic Education and Culture, Courts and the Culture Wars, and � e Idea of the American University. He has published articles and essays in a variety of professional and general interest forums, including Armed Forces and Society, Claremont Review of Books, � e Intercollegiate Review, Modern Age, National Review, and Perspectives on Political Science. He has received fellowships from numerous national and international organizations, including the Social Philosophy and Policy Center, the National Endowment for the Humanities, the Social Sciences and Humanities Research Council of Canada, the Earhart Foundation, the Heritage Foundation, the John M. Olin Foundation, the Foundation for the Defense of Democracies, and the John Templeton Foundation. He was educated in Canada, Belgium, and the United States, and holds advanced degrees in law, philosophy, and political science. He received his Ph.D. from Claremont Graduate University.

Keith E. Whittington is William Nelson Cromwell Professor of Politics at Princeton University and Director of Graduate Studies in the Department of Politics. He has been a John M. Olin Foundation Faculty Fellow and American Council of Learned Societies Junior Faculty Fellow, and a Visiting Scholar at the Social Philosophy and Policy Center, and a Visiting Professor at the University of Texas School of Law.  He is a member of the Executive Committee in the James Madison Program in American Ideals and Institutions at Princeton University and a newly elected member of the American Academy of the Arts and Sciences.  He is the author of Constitutional Construction: Divided Powers and Constitutional Meaning (2001), Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (1999), and Political Foundations of Judicial Supremacy: � e Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (2009), which won the C. Herman Pritchett Award for best book in law and courts and the J. David Greenstone Award for best book in politics and history. He is also editor (with Neal Devins) of Congress and the Constitution (2005), editor (with R. Daniel Kelemen and Gregory A. Caldeira) of � e Oxford Handbook of Law and Politics (2010) and editor of Law and Politics: Critical Concepts in Political Science. He is also the author (with Howard Gillman and Mark A. Graber) of American Constitutionalism, vol. 1: Structures of Government and American Constitutionalism, vol. 2: Rights and Liberties. He is editor (with Gerald Leonard) of the New Essays on American Constitutional History and editor (with Maeva Marcus, Melvin Urofsky, and Mark Tushnet) of the Cambridge Studies on the American Constitution. He is currently working on a political history of the judicial review of federal statutes. He received his M.A. and Ph.D. from Yale University.

Daniel K. Williams is the 2011-12 William E. Simon Visiting Fellow in Religion and Public Life in the James Madison Program in American Ideals and Institutions at Princeton University, and Assistant Professor of History at the University of West Georgia.  He is the author of God’s Own Party: � e Making of the Christian Right (Oxford University Press, 2010).  His research focuses on the intersection between religion and politics in modern America, and his current book project is a history of the American pro-life movement and the public debate over abortion from the 1950s to the present.  His publications include articles in the Journal of Policy History, Reviews in American History, Historically Speaking, Politico, PBS Religion & Ethics Newsweekly, and Sacred History Magazine.  He holds a B.A. in History and Classics from Case Western Reserve University, and an M.A. and Ph.D. in History from Brown University. 

Notes

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