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.

Reasserting Self-Government and Sovereignty Won’t Be Easy

We are all aware that our politics is broken. There is more hate dividing Americans than in recent memory, and especially is there corrosive ire directed at our president and those he has appointed, particularly to judicial office. If our politics is riven, however, the cause may be deeper, and it may lie

By | 2018-12-13T22:01:48+00:00 December 13th, 2018|

In the Case of Trump vs. Roberts, the President Prevails

Who gets it right, President Donald Trump or Chief Justice John Roberts? The president earlier this week attacked “Obama judges,” whom he believes are erroneously interpreting the law and the Constitution to frustrate his administration’s policy initiatives. The chief justice told the Associated Press on Wednesday there is no such partisan thing. All

By | 2018-11-22T23:18:44+00:00 November 23rd, 2018|

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|