Stephen B. Presser

About Stephen B. Presser

Stephen B. Presser is the Raoul Berger Professor of Legal History Emeritus at Northwestern University’s Pritzker School of Law, and the author of “Law Professors: Three Centuries of Shaping American Law” (West Academic Publishers, 2017). This year, Professor Presser is a Visiting Scholar in Conservative Thought and Policy at the University of Colorado, Boulder.

It’s Time to Stop Jurisprudence From Being the Plaything of Politics

The “intergalactic freak show,” as Senator John Kennedy (R-La.) so splendidly called it, continues. For the third time, the progressives have used a last-resort accusation of sexual misconduct to seek to besmear the reputation of a good man and force him to withdraw from the public stage. It worked with Roy Moore, it

By | 2018-09-18T10:03:32+00:00 September 18th, 2018|

The Coming Restoration of the Constitution

Just as the upcoming midterm elections may be the most important of our lifetimes—since they will determine if the Trumpian Counter-Reformation will continue or be frustrated—the hearings this week on the nomination of Brett Kavanaugh to the United States Supreme Court are a watershed event in jurisprudence. Fifty years ago there was a

By | 2018-09-04T23:50:11+00:00 September 3rd, 2018|

Manafort Trial Threatens the Constitution, Not Just Trump

One of the things that most concerned the U.S. Constitution’s framers was the misuse of the criminal justice system by those in power to check their political foes. We have a Bill of Rights, in large part, to protect us against this most harmful abuse of arbitrary power. Ostensibly, we are protected from

By | 2018-08-06T19:00:27+00:00 August 7th, 2018|

Who’s Winning the Culture Wars Now?

On May 6, 2016, as the run-up to the struggle between Donald Trump and Hillary Clinton for the presidency began in earnest, one of the Left’s most influential and brilliant intellectuals, Harvard law professor Mark Tushnet, wrote a blog entry called “Abandoning Defensive Crouch Liberal Constitutionalism.” His most important assertion in that little

By | 2018-07-17T12:42:26+00:00 July 18th, 2018|

The Irrelevance of Stormy Daniels

Is Stormy Daniels relevant? The latest attempt by progressives and their kept media allies to attack President Trump involves a purported “hush-money” payment (in politer circles, this is called a “non-disclosure” agreement) of $130,000 to Daniels, the stage name of a famous porn star, in order to conceal an alleged decade-old affair. Extramarital

By | 2018-03-13T23:53:04+00:00 March 14th, 2018|

Making America America Again

If it wasn’t clear to some observers before, President Trump’s State of the Union address on Tuesday should have made plain the meaning of his 2016 campaign slogan, “Make America Great Again.” It doesn’t have quite the same ring, but the efforts of his administration might just as well be understood as “Making

By | 2018-02-02T15:33:30+00:00 February 2nd, 2018|

Sex, Politics, and the Judiciary: We’ve Seen This Movie Before

A claim of sexual harassment of any kind is now the nuclear option in American politics. It was most famously (although unsuccessfully) deployed against Clarence Thomas, 27 years ago, near the end of his confirmation hearings, by a former subordinate, Anita Hill. To this day, Justice Thomas’s detractors believe Hill, but Thomas has

By | 2017-11-10T20:08:10+00:00 November 10th, 2017|