2 Anti-Federalists who opposed ratification questioned the extent of a judge’s interpretive authority, see Brutus XI, Jan. 31, 1788.
3 Theodore Roosevelt, “Judges and Progress,” Outlook 100, no. 1 (January 6, 1912), 40–48.
4 For a more orthodox interpretation of conservatism in 1912, see Johnathan O’Neill, “The Idea of Constitutional Conservatism in the Early Twentieth Century,” Constitutionalism in the Approach and Aftermath of the Civil War (New York: Fordham University Press, 2013); William Schambra, “The Election of 1912 and the Origins of Constitutional Conservatism,” Toward an American Conservatism: Constitutional Conservatism during the Progressive Era, ed. Joseph Postell and Johnathan O’Neill (New York: Palgrave Macmillan, 2013), 95–120; Sidney M. Milkis, “William Howard Taft and the Struggle for the Soul of the Constitution,” Toward an American Conservatism, 63-94.
5 George F. Will, “The Best Way to Tell if Someone is a Conservative,” The Washington Post, May 25, 2018.
6 Paleoconservatives like Patrick J. Buchanan have long made the lonely case for populist, nationalist, non-neoliberal conservatism, but more recently some voices on the right have taken interest in Roosevelt’s conservative credentials, see Joshua D. Hawley, Theodore Roosevelt: Preacher of Righteousness (Yale University Press, 2008); Francis Fukuyama, “The Right Must Learn to Love the State Again,” Financial Times, July 20, 2012; Daniel Ruddy, Theodore the Great: Conservative Crusader (Regnery, 2016). Michael Lind’s own brand of “democratic” or “liberal nationalism” also has some words on the subject.
7 British political history offers us the term “one-nation conservatism,” the conservatism of Disraeli, though the term today stands much abused and diluted.
8 I have made a much fuller historical case for the triumph of judicial supremacy in 1912 elsewhere, see, forthcoming, Logan Stagg Istre, “Bench over Ballot: The Fight for Judicial Supremacy and the New Constitutional Politics, 1910–1916,” Journal of the Gilded Age and Progressive Era (forthcoming).
9 Henry Charles Carey provided the intellectual weight behind much of the “American System” of economics, the theory of which he laid out in The Harmony of Interests: Agricultural, Manufacturing, and Commercial (1851).
10 Abraham Lincoln, First State of the Union Address, December 3, 1861.
11 For one excellent account of the Taft-Roosevelt split, see Gary Murphy, “‘Mr. Roosevelt Is Guilty’: Theodore Roosevelt and the Crusade for Constitutionalism, 1910–1912,” part 1, Journal of American Studies 36, no. 3 (Dec. 2002): 441–57.
12 Theodore Roosevelt, “A Charter of Democracy.”
13 Abraham Lincoln, First Inaugural Address, delivered March 4, 1861.
14 Henry F. Pringle, The Life and Times of William Howard Taft, vol. 2 (New York, 1939), 765–66.
15 Woodrow Wilson, Congressional Government: A Study in American Politics (Boston: Houghton Mifflin Co., 1913), 311.
16 Adrian Vermeule, “Beyond Originalism,” Atlantic, March 31, 2020.
17 James A. Garfield, “Inaugural Address,” March 4, 1881.