and conservative allies might have failed to nullify the Affordable Care Act, they only missed by a single vote. The next major test of government power may well produce a very different result. The long war for control of the Supreme Court rages on.
Acknowledgments
Warm thanks to my agent, Don Fehr, and to my editor, Karen Wolny, whose encouragement and wise counsel made this book possible.
Small portions of this work first appeared, in different form, in the pages of Reason magazine and online at Reason.com. Iâm grateful to the editors who brought those pieces to life, particularly Nick Gillespie, Katherine Mangu-Ward, Jesse Walker, and Matt Welch. Thanks also to my other Reason colleagues, including Mike Alissi, Ronald Bailey, Meredith Bragg, Barb Burch, Brian Doherty, Jim Epstein, Matthew Feeney, Anthony Fisher, Jon Graff, Ed Krayewski, Chris Mitchell, Julian Morris, David Nott, Melissa Palmer, Scott Shackford, Peter Suderman, Jacob Sullum, Josh Swain, Mary Toledo, and J.D. Tuccille. And one more round of thanks to Nick for giving me my first real job in journalism.
As I look back now, I realize this bookâs origins are to be found in the classroom of Professor Herbert Sloan of the Barnard College History Department at Columbia University. His wonderful course âThe Constitution in Historical Perspectiveâ opened my eyes to some 200 years of landmark Supreme Court decisions. I remain in his debt.
My family is and always has been a deep source of friendship and support, and I lack the words to adequately express my love andgratitude to Mom, Amy, Alex, and Dan. Thanks also to my new family: Trish, Rick, Ellen, Charlotte, Alexander, Keith, Sara, Bill, Tom, and Maria. And very special thanks to my late, much beloved cat Orpheus, who always kept me company while I worked. I miss you.
Finally, to Allison, my partner in crime. None of this would be possible without you at my side.
Select Bibliography
Arkes, Hadley. The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights. Princeton: Princeton University Press, 1994.
Barnett, Randy E. âKennedyâs Libertarian Revolution.â National Review Online, July 10, 2003. http://www.nationalreview.com/articles/207453/kennedys-libertarian-revolution/randy-barnett .
Barnett, Randy E. Restoring the Lost Constitution: The Presumption of Liberty. Princeton: Princeton University Press, 2004.
Bean, Jonathan, ed. Race and Liberty in America: The Essential Reader. Lexington: University Press of Kentucky, 2009.
Beito, David T., and Linda Royster Beito. âGold Democrats and the Decline of Classical Liberalism, 1896â1900.â The Independent Review, vol. 4, no. 4, Spring 2000.
Benedict, Jeff. Little Pink House: A True Story of Defiance and Courage. New York: Grand Central Publishing, 2009.
Bernstein, David E. âPhilip Sober Controlling Philip Drunk: Buchanan v. Warley in Historical Perspective.â Vanderbilt Law Review 51, May 1998.
Bernstein, David E. Rehabilitating Lochner: Defending Individual Rights from Progressive Reform. Chicago: University of Chicago Press, 2011.
Bickel, Alexander M. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. 2nd ed. New Haven: Yale University Press, 1986.
Bickel, Alexander M., and Benno C. Schmidt Jr. History of the Supreme Court of the United States. Vol. 9, The Judiciary and Responsible Government, 1910â1921. New York: Cambridge University Press, 2007.
Bishop, Joseph Bucklin, ed. Theodore Roosevelt and His Time: Shown in His Own Letters. Vol. 2. New York: Charles Scribnerâs Sonâs, 1920.
Black, Hugo Lafayette. A Constitutional Faith. New York: Alfred A. Knopf, 1968.
Blackman, Josh. Unprecedented: The Constitutional Challenge to Obamacare. New York: Public Affairs, 2013.
Bolick, Clint. Changing Course: Civil Rights at the Crossroads. New Brunswick, N.J.: Transaction Books, 1988.
Bolick, Clint. Unfinished Business: A Civil Rights Strategy for
Acknowledgments
Warm thanks to my agent, Don Fehr, and to my editor, Karen Wolny, whose encouragement and wise counsel made this book possible.
Small portions of this work first appeared, in different form, in the pages of Reason magazine and online at Reason.com. Iâm grateful to the editors who brought those pieces to life, particularly Nick Gillespie, Katherine Mangu-Ward, Jesse Walker, and Matt Welch. Thanks also to my other Reason colleagues, including Mike Alissi, Ronald Bailey, Meredith Bragg, Barb Burch, Brian Doherty, Jim Epstein, Matthew Feeney, Anthony Fisher, Jon Graff, Ed Krayewski, Chris Mitchell, Julian Morris, David Nott, Melissa Palmer, Scott Shackford, Peter Suderman, Jacob Sullum, Josh Swain, Mary Toledo, and J.D. Tuccille. And one more round of thanks to Nick for giving me my first real job in journalism.
As I look back now, I realize this bookâs origins are to be found in the classroom of Professor Herbert Sloan of the Barnard College History Department at Columbia University. His wonderful course âThe Constitution in Historical Perspectiveâ opened my eyes to some 200 years of landmark Supreme Court decisions. I remain in his debt.
My family is and always has been a deep source of friendship and support, and I lack the words to adequately express my love andgratitude to Mom, Amy, Alex, and Dan. Thanks also to my new family: Trish, Rick, Ellen, Charlotte, Alexander, Keith, Sara, Bill, Tom, and Maria. And very special thanks to my late, much beloved cat Orpheus, who always kept me company while I worked. I miss you.
Finally, to Allison, my partner in crime. None of this would be possible without you at my side.
Select Bibliography
Arkes, Hadley. The Return of George Sutherland: Restoring a Jurisprudence of Natural Rights. Princeton: Princeton University Press, 1994.
Barnett, Randy E. âKennedyâs Libertarian Revolution.â National Review Online, July 10, 2003. http://www.nationalreview.com/articles/207453/kennedys-libertarian-revolution/randy-barnett .
Barnett, Randy E. Restoring the Lost Constitution: The Presumption of Liberty. Princeton: Princeton University Press, 2004.
Bean, Jonathan, ed. Race and Liberty in America: The Essential Reader. Lexington: University Press of Kentucky, 2009.
Beito, David T., and Linda Royster Beito. âGold Democrats and the Decline of Classical Liberalism, 1896â1900.â The Independent Review, vol. 4, no. 4, Spring 2000.
Benedict, Jeff. Little Pink House: A True Story of Defiance and Courage. New York: Grand Central Publishing, 2009.
Bernstein, David E. âPhilip Sober Controlling Philip Drunk: Buchanan v. Warley in Historical Perspective.â Vanderbilt Law Review 51, May 1998.
Bernstein, David E. Rehabilitating Lochner: Defending Individual Rights from Progressive Reform. Chicago: University of Chicago Press, 2011.
Bickel, Alexander M. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. 2nd ed. New Haven: Yale University Press, 1986.
Bickel, Alexander M., and Benno C. Schmidt Jr. History of the Supreme Court of the United States. Vol. 9, The Judiciary and Responsible Government, 1910â1921. New York: Cambridge University Press, 2007.
Bishop, Joseph Bucklin, ed. Theodore Roosevelt and His Time: Shown in His Own Letters. Vol. 2. New York: Charles Scribnerâs Sonâs, 1920.
Black, Hugo Lafayette. A Constitutional Faith. New York: Alfred A. Knopf, 1968.
Blackman, Josh. Unprecedented: The Constitutional Challenge to Obamacare. New York: Public Affairs, 2013.
Bolick, Clint. Changing Course: Civil Rights at the Crossroads. New Brunswick, N.J.: Transaction Books, 1988.
Bolick, Clint. Unfinished Business: A Civil Rights Strategy for