Our Divided Political Heart (47 page)

128
“The powers not delegated to the United States by the Constitution”:
The Constitution of the United States of America, 1789,
http://www.archives.gov/exhibits/charters/constitution_transcript.html
.

128
“If we remove the foundations for our principles and our policies”:
Jim DeMint, speech to the Conservative Political Action Conference, 18 February 2010.

129
“recommitting themselves and their organizations”:
Tim Pawlenty, speech to the Conservative Political Action Conference, 19 February 2010.

129
“There’s nothing that ails this country”:
Mike Pence, speech to the Conservative Political Action Conference, 19 February 2010.

130
“fundamental scripture”:
Gordon Wood, “The Fundamentalists and the Constitution,”
New York Review of Books
, 18 February 1988.

130
historians such as Rosemarie Zagarri:
Rosemarie Zagarri,
Revolutionary Backlash: Women and Politics in the Early American Republic
(Philadelphia: University of Pennsylvania Press, 2007).

130
“Historians today can recognize the extraordinary character”:
Wood, “The Fundamentalists and the Constitution.”

130
“they did their creative thinking on their feet”:
Ibid.

131
“as Wood argued in
The Radicalism of the American Revolution”
:
Gordon Wood,
The Radicalism of the American Revolution
(New York: Vintage Books, 1991).

131
“In our eyes the American revolutionaries appear”:
Ibid., 6–7.

131
“made possible the anti-slavery and women’s rights movements”:
Ibid., 7.

132
“The genius of the Constitution”:
William J. Brennan Jr., speech to the Text and Teaching Symposium at Georgetown University, Washington, D.C., 12 October 1985.

132
“a set of implicit assumptions about the framers”:
Joseph Ellis, “Immaculate Misconception and the Supreme Court,”
Washington Post
, 7 May 2010.

132
“debates in the state ratifying conventions”:
Ibid.

133
“unnecessarily degrade ourselves if we think of the Founding Fathers”:
Gordon S. Wood,
The Purpose of the Past: Reflections on the Uses of History
(New York: Penguin Press, 2008), 28.

133
“deciding constitutional cases should be a straightforward exercise”:
David Souter, Harvard commencement address, 27 May 2010.

133
“a pantheon of values”:
Ibid.

133
“Not even its most uncompromising and unconditional language”:
Ibid.

134
“fair reading model”:
Ibid.

134
“naïve providential interpretations”:
Richard Hofstadter,
The Progressive Historians: Turner, Beard, Parrington
(New York: Knopf, 1968), 208.

134
“a house divided against itself cannot stand”:
Harold Holzer,
Lincoln at Cooper Union: The Speech that Made Abraham Lincoln President
(New York: Simon and Schuster, 2004), 123.

135
“an undiscriminating and almost blind worship”:
Woodrow Wilson,
Congressional Government: A Study in American Politics
(Boston: Houghton Mifflin Company, 1885), 332.

135
“open-eyed . . . to its defects”:
Ibid., 332–33.

135
“the constitution is a living thing”:
Albert J. Beveridge, “The Invisible Government,” keynote address at the Progressive Party Convention, 5 August 1912.

135
Charles Beard published
An Economic Interpretation of the Constitution
:
Charles Beard,
An Economic Interpretation of the Constitution of the United States
(New York: Macmillan, 1921).

135
“Different degrees and kinds of property”:
Ibid., 15.

136
“essentially an economic document based upon the concept that fundamental rights of property”:
Ibid., 324.

136
“whole people”:
Ibid., 324–25.

136
“has been torn to shreds and no one pays attention to it anymore”:
Wood, “The Fundamentalists and the Constitution.”

136
“An economic interpretation”:
Charles A. Beard, “That Noble Dream,”
American Historical Review
41, no. 1 (October 1935).

136
“the reality of interests and commerce”:
Wood, “The Fundamentalists and the Constitution.”

136
“that the Constitution ought to be seen as the consequence of historical circumstances”:
Ibid.

137
“a layman’s document, not a lawyer’s contract”:
Franklin D. Roosevelt, address on Constitution Day, 17 September 1937.

137
“The millions who are in want will not stand by silently forever”:
Franklin D. Roosevelt, address at Oglethorpe University, 22 May 1932.

137
“whether or not judges’ interpretation of the Constitution is to be sustained”:
Theodore Roosevelt, quoted in Sidney M. Milkis,
Theodore Roosevelt, the Progressive Party, and the Transformation of American Democracy
(Lawrence: University Press of Kansas, 2009), 55–56.

137
“a lively sense of the importance of the social problems”:
Jeff Shesol,
Supreme
Power: Franklin Roosevelt vs. the Supreme Court
(New York: W. W. Norton, 2010), 206.

137
“the catalyst that helped fracture the New Deal coalition”:
Ibid.

138
“To recall the great cases of the Warren and Burger Courts today”:
Cass R. Sunstein, “Constitutional Politics and the Conservative Court,”
American Prospect
, 21 March 1990.

138
“Beginning with
Brown v. Board of Education
”:
Ibid.

139
“Many of the rights affirmed by the Court”:
Ibid.

139
“played a major role during the New Deal”:
Ibid.

139
“would have seemed peculiar”:
Ibid.

140
“the current position of the Supreme Court”:
Ibid.

140
“Conservatives spoiling for a fight should watch their language”:
George Will, “No (Political) Experience Required,”
Washington Post
, 15 April 2010.

141
“social reform on behalf of the disadvantaged should come from the courts”:
Cass R. Sunstein, “What Judge Bork Should Have Said,”
Connecticut Law Review
23, no. 2 (Winter 1991): 225–26.

142
“no ‘irreparable harm’”:
Supreme Court of the United States,
George W. Bush, et. al., Petitioners v. Albert Gore, Jr., et. al.
, 12 December 2000.

142
“comports with minimal constitutional standards”:
Ibid.

142
“Our consideration is limited to the present circumstances”:
Ibid.

142
Authority is “based ultimately upon the consent of those under it”:
Robert A. Nisbet,
Community and Power
(New York: Oxford University Press, 1967), xii.

143
“The Florida Legislature has to be ready to assert its own constitutional prerogative”:
William Kristol, “Crowning the Imperial Judiciary,”
New York Times
, 28 November 2000.

144
“There’s a right of suffrage in voting for the legislature”:
Antonin Scalia, arguments before the Supreme Court, 1 December 1999, :
http://abcnews.go.com/Politics/story?id=122350&page=1
.

144
“Contrary to Democratic rhetoric”:
John Yoo, “A Legislature’s Duty,”
The Wall Street Journal
(4 December 2000).

144
“The individual citizen has no federal constitutional right”:
Supreme Court of the United States,
George W. Bush, et. al., Petitioners v. Albert Gore, Jr., et. al.
, 12 December 2000.

145
“Today, conservatives like Scalia and Yoo cheerfully defend”:
Harold Meyerson, “W. Stands for Wrongful,”
LA Weekly
, 6 December 2000.

145
“Never before in the history of democratic government”:
Peter M. Shane, “Disappearing Democracy: How
Bush v. Gore
Undermined the Federal Right to Vote for Presidential Electors,”
Florida State University Law Review
29 (2001).

147
“Essentially, five justices were unhappy with the limited nature”:
Supreme Court of the United States, opinion of Stevens, J., in
Citizens United, Appellant V. Federal Election Commission
, 21 January 2010.

147
“I do think that it is a jolt to the legal system”:
John G. Roberts Jr., “Confirmation Hearing on the Nomination of John G. Roberts, Jr. to be Chief Justice of
the United States,”
Hearing before the Committee on the Judiciary, United States Senate, One Hundred and Ninth Congress
, 12–15 September 2005.

148
“To avoid an arbitrary discretion in the judges”:
Ibid.

148
“has been firmly embedded in our law”:
Supreme Court of the United States, opinion of the Court in.
McConnell v. Federal Election Commission.

148
“to undermine the integrity of elected institutions across the Nation”:
Supreme Court of the United States, opinion of Stevens, J., in
Citizens United, Appellant v. Federal Election Commission
, 21 January 2010.

148
“enlists the Framers in its defense without seriously grappling”:
Ibid.

149
“to encompass the dependency of public officeholders”:
Ibid.

149
“The Framers didn’t like corporations”:
Supreme Court of the United States, Scalia, J., concurring in
Citizens United, Appellant v. Federal Election Commission
, 21 January 2010.

150
“Although they make enormous contributions to our society”:
Supreme Court of the United States, opinion of Stevens, J., in
Citizens United, Appellant v. Federal Election Commission
, 21 January 2010.

150
“A democracy cannot function effectively”:
Ibid.

150
“Setting aside the question of whether it makes good law”:
Jill Lepore,
The Whites of Their Eyes: The Tea Party’s Revolution and the Battle over American History
(Princeton: Princeton University Press, 2010), 122–24.

150
“In eighteenth-century America, I wouldn’t have been able to vote”:
Ibid.

151
“claim that the Constitution was set up to restrain”:
Garrett Epps, “Stealing the Constitution,”
Nation
, 7 February 2011.

152
“didn’t want to set up a government that could throw people in jail”:
Ibid.

152
“the document as a whole is much more concerned”:
Ibid.

152
“Trust me, I knew the framers”:
Ibid.

152
“Progressives are losing the fight over the courts”:
Doug Kendall and Jim Ryan, “The Case for New Textualism,”
Democracy
21 (Summer 2011).

152
“the original Constitution . . . the whole Constitution as amended”:
Ibid.

153
cite the distinguished legal scholar Akhil Amar:
Akhil Reed Amar,
America’s Constitution: A Biography
(New York: Random House, 2005).

153
“liberals should not pretend that honest answers”:
Geoffrey Stone and William Marshall, “The Framers’ Constitution,”
Democracy
21 (Summer 2011).

153
“aroused citizens, lawmakers and judges”:
William E. Forbath, “The Distributive Constitution,”
Democracy: A Journal of Ideas
22 (Fall 2011).

153
“you can’t have what the Framers called a ‘republican form of government’”:
Ibid.

153
“the material independence and security that citizens must have”:
Ibid.

153
“The Founders believed that personal liberty and political equality”:
Ibid.

154
“Although we may never know with complete certainty”:
Supreme Court of the United States, opinion of Stevens, J. in
Citizens United, Appellant v. Federal Election Commission
, 21 January 2010.

155
at St. Anselm’s College in New Hampshire in June 2011:
Jim Rutenberg, “Perry Speaks, but Avoids Big Question,”
New York Times
, 14 June 2011.