Herbert Brownell,Jr.: The “Hidden Hand”1 in the Selection of Earl Warren and the Government's Role in Brown v. Board of Education

There are, of course, many heroes behind the Supreme Court's most famous and, some would argue, most significant case of the 20^th Century: Brown v. Board of Education. ² Chief Justice Earl Warren wrote the decision and is credited with convincing the other Justices to make it unanimous. Thurgood Marshall and Robert L. Carter argued important aspects of the case for the NAACP and championed a legal strategy that brought it to the High Court. Few, however, would readily name Herbert Brownell, Jr. as one of the heroes. Yet, as Attorney General, Brownell was President Eisenhower's chief adviser on judicial appointments when he put Warren on the Court, and Brownell led the Justice Department in supporting the notion that segregation of public schools violated the Constitution.     

Between Kant and Machiavelli: EU foreign policy priorities in the 2010s

The entry into force of the Lisbon Treaty invites and enables Europe to develop elements of a common foreign policy. Europe should resist the tendency of listing all issues calling for attention, and be aware that it will have to address three agendas, not just one. The first agenda is the Kantian one of universal causes. While it remains essential to European identity, it presents Europe with limited opportunities for success in the 2010s as could be seen at the 2009 Climate Summit in Copenhagen. The ‘Alliance’ agenda remains essential on the security front and would benefit from a transatlantic effort at rejuvenation on the economic one. Last but not least, the ‘Machiavellian’ agenda reflects what most countries would define as their ‘normal’ foreign policy. It calls for Europe to influence key aspects of the world order in the absence of universal causes or common values. While Europe's ‘Machiavellian’ experience is limited to trade policy, developing a capacity to address this third agenda in a manner that places its common interests first and reinforces its identity will be Europe's central foreign policy challenge in the 2010s. A key part of the Machiavellian agenda presently revolves around relations with Ukraine, Turkey and the Russian Federation, three countries essential to Europe's energy security that are unlikely to change their foreign policy stance faced with EU soft power. Stressing that foreign policy is about ‘us’ and ‘them’, the article looks at what could be a genuine European foreign policy vis‐à‐vis each of these interdependent countries, beginning with energy and a more self‐interested approach to enlargement. The European public space is political in nature, as majority voting and mutual recognition imply that citizens accept ‘foreigners’ as legitimate legislators. At a time when the European integration process has become more hesitant and the political dimension of European integration tends to be derided or assumed away, admitting Turkey or Ukraine as members would change Europe more than it would change these countries. Foreign policy cannot be reduced to making Europe itself the prize of the relationship. What objectives Europe sets for itself in its dealing with Ukraine, Turkey and Russia will test whether it is ready for a fully‐fledged foreign policy or whether the invocation of ‘Europe’ is merely a convenient instrument for entities other than ‘Europe’.     

Biased Justice: James C. McReynolds of the Supreme Court of the United States

James Clark McReynolds was a man who people only spoke of in superlatives—most of them unflattering.