A24 Endnotescom/wsj/opinion/column/cal-thomas-trump-discovers-
once-useless-un-is-now-useful/article_ 55c3ced5-c01f-546b-
8fcf-eccec0723964.html (accessed 9/22/17).
5. Laura Bicker, “Trump and North Korea talks: The
political gamble of the 21st Century,” BBC News, March
9, 2018, http://www.bbc.com/news/world-asia-43334320
(accessed 5/24/18); Robert Reich (RBReich), Twitter Post,
January 2, 2018, 6:40 PM, https://twitter.com/rbreich/
status/948383424821145600?lang=en (accessed 5/24/18).
6. For a good overview of the political thought of the American
Revolution, see Gordon S. Wood, The Radicalism of the
American Revolution (New York: Vintage Books, 1993).
For an excellent summary of the history, see Wood’s
The American Revolution: A History (New York: Modern
Library, 2003).
7. David McCullough, John Adams (New York: Simon and
Schuster, 2001), p. 90.
8. A classic text on the Founding period is Gordon S. Wood,
The Creation of the American Republic (New York: W. W.
Norton, 1969).
9. J. W. Peltason, Corwin and Peltason’s Understanding the
Constitution, 7th ed. (Hinsdale, IL: Dryden Press, 1976), p. 12.
1 0. The pamphlet sold 120,000 copies within a few months of
publication, a figure that would leave the Harry Potter books
in the dust in terms of the proportion of the literate public that
purchased the book.
1 1. Thomas Hobbes, Leviathan (1651; repr., Indianapolis, IN:
Bobbs, Merrill, 1958); John Locke, Second Treatise of Government
(1690; repr., Indianapolis, IN: Bobbs, Merrill, 1952).
1 2. Robert A. Dahl, How Democratic Is the American Constitution?
(New Haven, CT: Yale University Press, 2001), p. 12.
1 3. Alexander Hamilton, John Jay, and James Madison, The
Federalist Papers, ed. Roy P. Fairfield, 2nd ed. (1788; repr.,
Baltimore, MD: Johns Hopkins University Press, 1981), p. 22.
1 4. Many delegates probably assumed that the electors would
reflect the wishes of the voters in their states, but there is no
clear indication of this in Madison’s notes. (Hamilton makes
this argument in the Federalist Papers.) Until the 1820s, many
electors were directly chosen by state legislatures rather
than by the people. In the first presidential election, George
Washington won the unanimous support of the electors, but in
only five states were the electors chosen by the people.
1 5. The actual language of the section avoids the term “slavery.”
Instead, it says: “The Migration or Importation of such Persons
as any of the States now existing shall think proper to admit,
shall not be prohibited by Congress prior to the Year one
thousand eight hundred and eight.” The ban on the importation
of slaves was implemented on the earliest possible date,
January 1, 1808.
1 6. Brutus 1, October 18, 1787, The Constitution Society, http://www.
constitution.org/afp/brutus01.htm (accessed 6/28/18).
1 7. Patrick Henry, “Shall Liberty or Empire Be Sought?,” in
America, 1761–1837, vol. 8 of The World’s Famous Orations, ed.
William Jennings Bryan (New York: Funk and Wagnalls, 1906),
pp. 73, 76.
1 8. Thomas Jefferson to John Adams, 1787, in The Writings of
Thomas Jefferson, Memorial Edition, ed. Andrew A. Lipscomb
and Albert Ellery Bergh (Washington, DC: Thomas Jefferson
Memorial Association of the United States, 1903), vol. 6,
p. 370.
1 9. Charlie Savage, “Can Trump Pardon Himself? Explaining
Presidential Clemency Powers,” New York Times, July 21, 2017,
w w w.ny times.com/2017/07/21/us/politics/tr ump -pardon-
himself-presidential-clemency.html (accessed 8/17/17).2 0. Julie Hirschfeld Davis and Maggie Haberman, “Trump
Pardons Joe Arpaio, Who Became Face of Crackdown on Illegal
Immigration,” New York Times, August 25, 2017, http://www.nytimes.
com/2017/08/25/us/politics/joe-arpaio-trump-pardon-
sheriff-arizona.html?_r=0 (accessed 9/28/17).
2 1. Charlie Savage, “Obama’s War on Terror May Resemble Bush’s
in Some Areas,” New York Times, February 17, 2009, p. A1.
2 2. Peter M. Shane, Madison’s Nightmare: How Executive Power
Threatens American Democracy (Chicago: University of
Chicago Press, 2009).
2 3. The responses on the three branches are from “Americans’
Knowledge of the Branches of Government Is Declining,”
Annenberg Public Policy Center, September 13, 2016,
http://www.annenbergpublicpolicycenter.org/americans-
knowledge-of-the-branches-of-government-is-declining
(accessed 7/14/17); the responses on the right to own a pet
or home are from “Is There a Constitutional Right to
Own a Home or a Pet?,” Annenberg Public Policy Center,
September 16, 2015, http://www.annenbergpublicpolicycenter.org/
is-there-a-constitutional-right-to-own-a-home-or-a-pet
(accessed 9/30/15).
2 4. “Characters from ‘The Simpsons’ More Well Known to
Americans than Their First Amendment Freedoms,”
McCormick Tribune Freedom Museum survey, March 1, 2006,
http://documents.mccormickfoundation.org/news/2006/
pr030106.aspx (accessed 10/30/15).
2 5. Thomas Jefferson to James Madison, in Thomas Jefferson on
Democracy, ed. Saul Padover (New York: Mentor Books, 1953),
p. 153.
2 6. Cass R. Sunstein, “Making Amends,” New Republic, March 3,
1997, p. 42.- Furman v. Georgia, 408 U.S. 238 (1972).
2 8. The case concerning minors was Roper v. Simmons, 543 U.S.
551 (2005), and the case concerning the mentally retarded was
Atkins v. Virginia, 536 U.S. 304 (2002). - Valerie Strauss, “In the Age of Trump, a New Surge of Interest
in the Constitution,” Washington Post, August 17, 2017, http://www.
washingtonpost.com/news/answer-sheet/wp/2017/08/17/
in-the-age-of-trump-a-new-surge-of-interest-in-the-u-s-
constitution/?utm_term=.e3abb53b9976 (accessed 8/18/2017).
3 0. Walter F. Murphy, “The Nature of the American Constitution,”
The Edmund Janes James lecture, December 6, 1987
(Department of Political Science, University of Illinois at
Urbana-Champaign, 1989), p. 8, http://babel.hathitrust.org/
cgi/pt?id=mdp.39015078286518;view=1up;seq=12.
Take a Stand
a. Jocelyn Kiley, “Americans Divided on How the Supreme Court
Should Interpret the Constitution,” Pew Research Center,
July 31, 2014, http://www.pewresearch.org/fact-tank/2014/07/31/
americans-divided-on-how-the-supreme-court-should-
interpret-the-constitution (accessed 10/30/15).
b. Clarence Thomas, “How to Read the Constitution,” Wall Street
Journal, October 20, 2008.
c. State of Missouri v. Holland, 252 U.S. 416 (1920), 252.
d. William Rehnquist, “The Notion of a Living Constitution,”
Harvard Journal of Law and Public Policy 29 (2006): 402.
e. Rehnquist, “The Notion,” p. 405.
f. Thurgood Marshall at the Annual Seminar of the San Francisco
Patent and Trademark Law Association, Maui, Hawaii, May 6,
1987, http://www.thurgoodmarshall.com/speeches/constitutional_
speech.htm (accessed 12/20/13).Full_20_APT_64431_END_A23-A54.indd 24 15/11/18 2:38 PM