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How did the US judiciary become so powerful powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In "The Cloaking of Power," Paul O. Carrese provides a provocative analysis of the intellectual sources of today s powerful judiciary, arguing that Montesquieu, in his "Spirit of the Laws," first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to cloak power by placing judges at the center of politics,...

A rediscovery of Montesquieu's legacy in shaping America's complex political order including influence on Washington's practical moderation.

Democracy in Moderation views constitutional liberal democracy as grounded in a principle of avoiding extremes and striking the right balance among its defining principles of liberty, equality, religion, and sustainable order, thus tempering tendencies toward sectarian excess. Such moderation originally informed liberal democracy, but now is neglected. Moderation can guide us intellectually and practically about domestic and foreign policy debates, but also serve the sustainability of the constitutional, liberal republic as a whole. Our recent theory thus doesn't help our practice, given our...

In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in...