Holding Steady

This chapter contends that for much of American history, constitutional tradition confirmed the Founders' basic commitments about separation of powers, foreign affairs, and the courts. In particular, the Supreme Court and the federal judiciary more generally played their part as originally envisioned. That meant, among other things, fulfilling their assigned roles of checking both Congress and the president, not to mention the states, in the service of protecting individual rights under both domestic and international law. These general patterns, moreover, persisted though the mid-twentieth century. However, the chapter makes its case mainly though a consideration of certain landmark controversies and decisions that are nonetheless representative. These cases suffice to confirm the overall fidelity of subsequent constitutional tradition to the Constitution's initial vision.