William Howard Taft and the Importance of Unanimity

This Term, the Historical Society has put on a wonderful series about the man who is widely—and rightly—regarded as this Court's greatest Chief Justice. Through his recognition of the right of judicial review, John Marshall secured for this Court a role in shaping the nation's most important principles: racial equality, individual liberty, the meaning of democracy, and so many others.     

William Howard Taft,the 1908 Election,and the Future of the American Presidency

Although the first presidential election where both major party candidates (William Howard Taft and William Jennings Bryan) hit the campaign trail, the election of 1908 is a neglected election. When scholars do address it, they typically focus on retiring incumbent president Theodore Roosevelt and his role therein. This article turns the focus away from Roosevelt, and also Bryan, and places it firmly on Taft, a reluctant candidate. Taft's role in 1908 is important because his very reluctance to embrace the changing expectations of the presidency helps to highlight the tensions between the old and new ways of campaigning and, more broadly, the traditional and modern presidencies.

The article first addresses Taft's decision to abandon his “front-porch” campaign. Taft's initial inclination toward a front-porch campaign reveals well his more traditional approach to the election and to the presidency in general, just as his decision to abandon this plan and “stump” for votes reflects his submission to developing trends and expectations. Second, the article examines the changing role of technology, this election being the first to feature phonograph recordings of the candidates, which would then be sold—and played—across the country. Third, the tours and speeches of Taft in the 1908 general election take center stage. The spectacle of these tours offers further evidence of the changing contours of American politics and presidential leadership, especially in elevating the personalities of the candidates. Finally, the 1908 election is examined from the standpoint of American political development and presidential history.     

The Conflict between the Chief Justice and the Chief Executive: Ex parte Merryman

Rarely does the clash of ideas on the scope of governmental authority get reduced to a direct conflict between leaders of the branches of government. However, early in the Civil War period, the Chief Executive and the Chief Justice confronted each other in a direct fashion. The stakes were high, because the issues related to the conflict between national security and personal liberty.     

Constituting "The People": National Identity Under William H. Taft and Richard M. Nixon

This project is focused on the long-term constitutive elements of presidential discourse; in other words, how rhetoric helps frame and determine national identity. Seemingly innocuous, and appearing in both ceremonial and policy addresses, presidential language concerning national identity helps shape the context, and thus sets the terms for more substantive, issue-laden debates. While one cannot measure the impact of this type of rhetoric in terms of specific issues and time frames, its influence is apparent in a broader and more diffuse perspective. This research compares the public rhetoric of presidents William H. Taft and Richard M. Nixon specifically in terms of their definitions of national identity. Both Republicans, albeit with very different political contexts and time periods, exhibited marked similarities in their strategies for defining the American polity, particularly with respect to their view of the president as the national representative, the idea that the nation is a unified whole, the belief that the nation follows the greatest good for the greatest number, the belief that each citizen occupies a natural place in the hierarchy of American society, and finally, the conviction that liberty is the most important foundational value of the country. The evidence suggests that rhetorical conceptions of national identity are important over time in the United States. Enjoying a broad audience, the president has the ability to shape national debate according to which groups and issues he includes or excludes from the polity.     

Duty and Justice at "Every Man's Door": The Grand Jury Charges of Chief Justice John Jay, 1790–1794

"It is the Fortune of few to chuse their Situation—it is the Duty & Interest of all to accommodate themselves to the one which Providence chuses for them." ¹ So said John Jay, Chief Justice of the United States. Duty was paramount in the lives of Jay and many of his contemporaries of the founding generation.