Arnold, Peri E. Remaking the Presidency: Roosevelt, Taft, and Wilson, 1901–1916. Lawrence: University Press of Kansas, 2009.
Burton, David H. William Howard Taft: Confident Peacemaker. Philadelphia: Saint Joseph’s University Press, 2004.
______, ed. The Collected Works of William Howard Taft. 8 vols. Athens: Ohio University Press, 2001–4.
Chace, James. 1912: Wilson, Roosevelt, and Debs—The Election That Changed the Country. New York: Simon & Schuster Paperbacks, 2004.
Coletta, Paolo E. The Presidency of William Howard Taft. Lawrence: University Press of Kansas, 1973.
Dolan, Andrew. The Taft Diet: How President Taft Lost 76 Pounds. CreateSpace Independent Publishing Platform, 2012. Kindle.
Goodwin, Doris Kearns. The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism. New York: Simon & Schuster Paperbacks, 2013.
Gordon, John Steele. Hamilton’s Blessing: The Extraordinary Life and Times of Our National Debt. New York: Penguin Books, 1998.
Gould, Lewis L. The William Howard Taft Presidency. Lawrence: University Press of Kansas, 2009.
______, ed. My Dearest Nellie: The Letters of William Howard Taft to Helen Herron Taft (1909–1912). Lawrence: University Press of Kansas, 2011.
Leonard, Lewis Alexander. Life of Alphonso Taft. New York: Hawke, 1920.
Lurie, Jonathan. William Howard Taft: The Travails of a Progressive Conservative. New York: Cambridge University Press, 2014.
Mason, Alpheus Thomas. William Howard Taft: Chief Justice. New York: Simon & Schuster, 1965.
Postell, Joseph W., and Johnathan O’Neill. Toward an American Conservatism: Constitutional Conservatism During the Progressive Era. New York: Palgrave Macmillan, 2013. Kindle.
Pringle, Henry F. The Life and Times of William Howard Taft. 2 vols. Norwalk, CT: Easton Press, 1986.
Taft, Helen Herron. Recollections of Full Years. New York: Dodd, Mead, 1914. https://archive.org/details/recollectionsfu02taftgoog.
Taft, William Howard. The Anti-Trust Act and the Supreme Court, 1914. In The Collected Works of William Howard Taft. Vol. 5, edited by David Potash and Donald F. Anderson. Athens: Ohio University Press, 2003.
______. Liberty Under Law, 1922. In The Collected Works of William Howard Taft. Vol. 8, edited by Francis Graham Lee. Athens: Ohio University Press, 2004.
______. Popular Government: Its Essence, Its Permanence, and Its Perils, 1913. In The Collected Works of William Howard Taft. Vol. 5, edited by David Potash and Donald F. Anderson. Athens: Ohio University Press, 2003.
______. Present Day Problems, 1908. In The Collected Works of William Howard Taft. Vol. 1, edited by David H. Burton and A. E. Campbell. Athens: Ohio University Press, 2001.
______. The President and His Powers, 1916. In The Collected Works of William Howard Taft. Vol. 6, edited by W. Carey McWilliams and Frank X. Gerrity. Athens: Ohio University Press, 2003. Originally published as Our Chief Magistrate and His Powers.
Wolman, Paul. Most Favored Nation: The Republican Revisionists and U.S. Tariff Policy. Chapel Hill: University of North Carolina Press, 1992.
Acknowledgments
This book is nearly the final entry in the American Presidents series because, like William Howard Taft, I write best under tight deadlines. After receiving the assignment years ago, I procrastinated, in the Taftian spirit, until finally imposing a six-month deadline on myself and completing the manuscript with pleasure in a concentrated sprint.
I learned the creative satisfaction of writing short books on bracing deadlines from Paul Golob, the superb editorial director of the American Presidents series, who had played the role of kindly taskmaster and deadline enforcer when we worked together on a Supreme Court book a decade ago; working with him again was sheer delight. My friend Sean Wilentz, general editor of the series, completed this editorial dream team: learning from one of America’s greatest historians and public intellectuals—who helped me better understand the differences between progressivism and populism and who resisted my Taftian efforts to reduce Theodore Roosevelt and Woodrow Wilson to the populist demagoguery they displayed in 1912—was a unique privilege.
I’m especially grateful to Lana Ulrich, in-house counsel at the National Constitution Center, where, in addition to her legal duties, she supervises the constitutional prep team. Lana’s comprehensive, accurate, and detailed background memos helped me organize the primary sources into a condensed narrative, and her expert review of the footnotes and manuscript allowed us both to meet our deadlines. It’s wonderful to have such a talented and engaged collaborator.
I was also fortunate to have a distinguished group of readers, whose comments and corrections greatly improved the manuscript and saved me from errors of fact and interpretation: Michael Gerhardt, Judge Douglas Ginsburg, George Liebmann, Jonathan Lurie, John Malcolm, Paula Marett, Hank Meijer, and Robert Post. Thanks to all of them for their intellectual generosity in sharing their time, insights, and deep knowledge of American constitutional law and history.
As I wrote this book, my beloved sons, Hugo and Sebastian Rosen, came into their own as enthusiastic readers. Their engagement with books is a joy to behold, and I learn so much from our debates and conversations. I’m so lucky that my adored parents, sister, and brother-in-law, Sidney and Estelle Rosen, Joanna Rosen, and Neal Katyal, offer love and wisdom every day.
I met my wife, Lauren Coyle Rosen, while beginning this book in January 2017. We fell in love at first sight and were engaged in June as the manuscript was completed. The wonder and gratitude I feel for her brilliance and creativity are ineffable. From her unrivaled ability to explain the most complicated philosophical concepts to her pathbreaking work in anthropology and law, she has inspired a mutual commitment to using our shared moments of leisure to cultivate our minds and spirits. It is a joy to learn with her every day and to bask in her radiant light. The six months devoted to writing this short volume will always have special meaning to both of us as the bookends to our blessed courtship.
Index
The index that appeared in the print version of this title does not match the pages in your e-book. Please use the search function on your e-reading device to search for terms of interest. For your reference, the terms that appear in the print index are listed below.
Adams, Henry
Addystone Pipe & Steel case
Adkins v. Children’s Hospital
Affordable Care Act (2010)
African Americans
Agriculture Department
Aguinaldo, Emilio
Alaska
Aldrich, Nelson
American Railway Union
American Society for the Judicial Settlement of International Disputes
American Tobacco cases
Anderson, Judith
antitrust
Arizona
Arnold, Peri
Arthur, Chester Alan
Associated Press
Athens, ancient
Austria-Hungary
automobile exception. See also Carroll v. United States
Bailey v. Drexel Furniture Co.
Ballinger, Richard
Beveridge, Albert
big business. See also antitrust; corporations; trusts and monopolies
big government
Bill of Rights
boycotts
Brandeis, Louis D.
Brexit
Britain
Brown, Henry Billings
Brown v. Board of Education
Bryan, William Jennings
Buchanan, James
Bull Moose Party. See Progressive Party
Burton, David H.
Butler, Nicholas Murray
Butler, Pierce
Butt, Archie
Butterworth, Benjamin
cabinet
California
campaign contributions
Campbell, Thomas
Canadian Tariff Reciprocity Agreement (1911)
Cannon, Joe
capitalism
Carnegie, Andrew
Carroll v. United States
Catholic Church
“Charter for Democracy, A” (Roosevelt)
Chase, Salmon
checks and balances
Chicago Day Book
Chicago Record-Herald
Child Labor Tax Law (1922)
Chinese Americans
Cincinnati Commercial Tribune
Cincinnati courthouse riot
Cincinnati Law School
Cincinnati school board
Cincinnati Southern Railroad
Cincinnati Times-Star
civil rights
Civil Service Commission
Civil War
Clarence Cunningham group
Cleveland, Grover
coal industry
Coletta, Paolo
Collier’s Weekly
Commerce and Labor Department
Commission on Economy and Efficiency
Conference of Senior Circuit Judges
Congressional Record
conservation
conservatives
Coolidge, Calvin
corporations
taxes and
corruption
Croly, Herbert
Cuba
Curtis, Benjamin R.
Customs Service
Daugherty, Harry
Debs, Eugene V.
Declaration of Independence
“Delays and Defects in the Enforcement of Law” (Taft)
demagogues
democracy
direct
pure
Democratic Party
elections of 1908 and
elections of 1910 and
elections of 1912 and
free trade and
income tax and
Southern
tariffs and
Díaz, Porfirio
Dickinson, Jacob
Dingley Tariff Act (1897)
dollar diplomacy
Dolliver, Jonathan
Douay Bible
Dred Scott case
Edison Record Company
Eighteenth Amendment
Eisenhower, Dwight D.
elections
of 1904
of 1908
of 1910
of 1912
of 1920
Emancipation Proclamation
executive orders. See also presidential powers
Far East
farmers
federal budget deficits
federal coal lands dispute
Federalist Papers
Federal Judicial Center
Federal Rules of Civil Procedure (1938)
Federal Trade Commission
Fifteenth Amendment
Foraker, Joseph
foreign emoluments clause
foreign policy
forests
Forest Service
Fourteenth Amendment
Fourth Amendment
France
Frankfurter, Felix
free silver
free trade
Fuller, Melville
fur seals
Garfield, James R.
General Land Office
Georgia Railroad strike
Gilbert, Cass
Ginsburg, Douglas
Glacier National Park
Glavis, Louis R.
Goodwin, Doris Kearns
Gould, Jay
Gould, Lewis L.
Grant, Ulysses S.
Graves, Henry S.
Guggenheim, Simon
Hamilton, Alexander
Hamilton County, Ohio
Hampton’s Magazine
Hand, Learned
Harding, Warren
Harlan, John Marshall
Harriman, E. H.
Harrison, Benjamin
Hayes, Rutherford B.
Herron, John Williamson
“He Who Conquers Himself Is Greater Than He Who Taketh a City” (Taft)
Hitchcock, Frank Harris
Hoar, George F.
Holmes, Oliver Wendell, Jr.
Hoover, Herbert
Hoover, Ike
Hughes, Charles Evans
Humphrey’s Executor v. United States
hydroelectric power
Hylton case
Ickes, Harold
immigration
imperialism
imperial presidency
individual rights
inheritance tax
initiatives and referenda
injunctions
Insular Cases
Interior Department
international arbitration treaties
international courts
International Criminal Court
Interstate Commerce Clause
Interstate Commerce Commission
Ireland
Jackson, Andrew
Japan
Japanese aliens
Jay, John
Jefferson, Thomas
Jews
Johnson, Andrew
Journal of Commerce
judicial independence
judicial powers
judicial recall
judiciary, federal
judiciary, state
Judiciary Act (1789)
Judiciary Act (1925)
Justice Department
Kansas-Nebraska Act (1854)
Katz case
Kent, William
Kinsley, Michael
Kipling, Rudyard
Knox, Philander
labor
La Follette, Robert
Latin America
Lawler, Oscar
League of Nations
Lee, Francis Graham
Leo XIII, Pope
liberals
libertarians
liberty of contract
Liberty Under Law (Taft)
limited government
Lincoln, Abraham
Lincoln-Douglas debates
Lincoln Memorial Commission
Lodge, Henry Cabot
Los Angeles Herald
Lurie, Jonathan
MacArthur, Arthur
MacVeagh, Franklin
Madero, Francisco I.
Madison, James
mandatory jurisdiction
Mann-Elkins Act (1910)
Manning, Helen Taft (daughter)
manufacturing
Marshall, John
Mason, Alpheus
Mason, George
McClure’s
McKenna, Joseph
McKinley, William
assassination of
Mexican War (1846–48)
Mexico
Meyer, George von Lengerke
Miller, William
minimum wage
Mississippi
Missouri Compromise
monopolies. See trusts and monopolies
Monroe Doctrine
Moody, William
Moores & Co. v. Bricklayer’s Union
Morgan, J. P.
Myers, Frank
Myers v. United States
Nagel, Charles
national debt
nationalism
national parks
National Tribune
National War Labor Board
nativists
Navy Department
Nelson, Knute
New Deal
New Freedom
New Mexico
“New Nationalism” (Roosevelt)
New Republic
New York Times
North American Free Trade Agreement (NAFTA)
Northern Securities case
Norton, Charles
Ohio Constitution
Ohio Revenue Department
Ohio Superior Court
Ohio Supreme Court
Olmstead v. United States
“On P
rosperity” (Taft)
Our Chief Magistrate and His Powers (Taft)
Outlook
Packers and Stockyards Act (1921)
Paleo diet
Panama Canal
Pan-American Exposition
Panic of 1893
Panic of 1907
Payne, Sereno E.
Payne-Aldrich Tariff Act (1909)
Peckham, Rufus
Pennsylvania
Phelan, F. W.
Philadelphia Phillies
Philippine Commission
Philippine Organic Act (1902)
Philippines
independence and
Philippine Supreme Court
Pierce, Franklin
Pinchot, Gifford
Pinchot-Ballinger affair
Pitney, Mahlon
Plessy v. Ferguson
Political History of Slavery in the United States
political parties, strength of
Polk, James K.
Pollock case
Popular Government (Taft)
“Popular Unrest” (Taft)
populism
Post, Robert
post–Civil War amendments
postmaster general
Presidential Historians Survey
presidential powers
“President Taft on a Protective Tariff” (speech)
primaries, direct
Pringle, Henry
Progressive (Bull Moose) Party
progressives
Prohibition
property rights
protectionism
public schools
Puerto Rico
Pullman, George
Pullman railway strike
racial segregation
railroads
Recollections of Full Years (Nellie Taft)
Reconstruction
regulation
representative government
Republican National Committee
Republican National Convention
of 1856
of 1908
of 1912
Republican Party
conservatives in
divisions in
elections of 1908 and
elections of 1912 and
insurgents in
moderate revisionists in
progressives in
standpat protectionists in
strict constructionists in
tariffs and
taxes and
Robinson, Corinne Roosevelt
Rockefeller, John D.
Rome, ancient
Roosevelt, Franklin D.
Roosevelt, Theodore
African Americans and
antitrust and
assassination attempt vs.
autobiography of
becomes president
cabinet of
conservation and
Constitution and
elections of 1904 and
elections of 1908 and
elections of 1912 and
executive office of
executive orders and
foreign policy and
immigration and