Legal History

I appreciate helpful conversations with Daniel Carpenter, Michele Dauber, John Ferejohn, George Fisher, Rich Ford, Lawrence Friedman, David Golove, Jill Hasday, Daniel Ho, Don Hornstein, Lewis Kornhauser, David Luban, Eric Muller, Hari Osofsky, Robert Tsai, and Barry Weingast, as well as feedback from workshop participants at Berkeley, Iowa, Oregon, NYU, North Carolina, Southwestern, and Stanford’s Center for International Security and Cooperation. David Kennedy provided extremely helpful written comments on an earlier version of this Article. I also benefited greatly from the research assistance of Mindy Jeng, Shivan Saran, Britt Grant, Mrinal Menon, Connor Raso, Brad Hansen, and Jennifer Liu, as well as the staff of the Stanford Law School Library. I am also grateful to the staff at the National Archives in College Park, Maryland, the Franklin D. Roosevelt Presidential Library, and the Harry S. Truman Library. All of these people should be secure in the knowledge that they are not responsible for any errors or omissions. This is dedicated to Mateo, Ria, and Lucy.

For helpful comments, thanks to participants in faculty workshops at the University of Illinois College of Law and the University of Cincinnati College of Law, in a Vanderbilt Works-inProgress Lunch, in an International Legal Studies Roundtable on Foreign Affairs held at Vanderbilt University, and in a Foreign Relations Workshop held at Georgetown University Law Center. Thanks also to David Bederman, Brad Clark, Jacob Cogan, Larry Helfer, Eugene Kontorovich, Mike Ramsey, Larry Solum, Kevin Stack, and Carlos Vázquez. Carlee Hobbs, Christen Moore, and Katherine Poulus provided excellent research assistance.

I would like to thank Judge Michael Boudin, Dean Robert Post, and Professors Reva Siegel and Christina Burnett for their insights and guidance on this endeavor and many others.

I thank the John M. Olin Foundation and the Paul H. Leffmann Fund for their generous research support. I also thank Lorraine Saxton for able research assistance and Connie Fleischer, Sheri Lewis, and Margaret Schilt in the D’Angelo Law Library for helping to track down missing sources.

I thank David Armitage, William Birdthistle, Adam Cox, Christine Desan, Morton Horwitz, James Kloppenberg, Martha Nussbaum, Lior Strahilevitz, and David Strauss for helpful discussions. I also thank the Mayer Brown Faculty Research Fund for research support.

I received insightful feedback on this project from Mitchell Berman, Laura Ferry, Kim Forde-Mazrui, Brandon Garrett, Jacob Gersen, Julius Getman, Michael Gilbert, Risa Goluboff, Pratheepan Gulasekaram, Aziz Huq, Jennifer Laurin, Sanford Levinson, Charles Mackel, John Manning, Martha Minow, Melissa Murray, Lucas Powe, David Pozen, Saikrishna Prakash, Richard Primus, David Rabban, Benjamin Sachs, Richard Schragger, Jordan Steiker, Matthew Stephenson, and faculty workshop participants at the University of Texas. I also received exemplary research assistance from Patrick Leahy, Trevor Lovell, Liam McElhiney, Jim Powers, and Brian Walsh. I completed various portions of this Article when I was a visiting assistant professor at The University of Chicago Law School during Fall 2012 and a visiting assistant professor at the University of Virginia School of Law during Spring 2013.