Freedom and the Rule of Law »

Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.

1 Introduction: American Constitutionalism, Freedom, and the Rule of Law Anthony A. Peacock Peacock, Anthony A. 1

Pt. I The Origins of the Rule of Law, Administration, and the Anticipated Growth of the American State

2 Freedom and the Rule of Law: The Ingenious English Legacy Joyce Lee Malcolm Malcolm, Joyce Lee 23

3 Regulation, Administration, and the Rule of Law in the Early Republic Joseph Postell Postell, Joseph 41

4 Constitutional Cassandra: The Prophetic Fears of Brutus, the Anti-Federalist V. James Strickler Strickler, V. James 71

Pt. II Constitutional Interpretation and the Rule of Law

5 Antonin Scalia and the Rule of Law: The Textualist Foundation of the "Law of Rules" Ralph A. Rossum Rossum, Ralph A. 115

6 Original-Meaning Jurisprudence, Judicial Restraint, and Democratic Freedom Edward Whelan Whelan, Edward 137

7 Is It Unnatural to Shun Foreign Precedents? Jeremy Rabkin Rabkin, Jeremy 155

8 Progressivism and the Decline of the Rule of Law Bradley C. S. Watson Watson, Bradley C. S. 179

Pt. III War, National Security, and the Rule of Law

9 National Security Law: The Judicial Role Louis Fisher Fisher, Louis 203

10 When the Rule of Law Can Undermine the Rule of Law: Hamdi and The Federalist on War and Necessity Anthony A. Peacock Peacock, Anthony A. 227

Pt. IV Voting Rights, Representation, and the Rule of Law

11 A Decline in Adherence to Traditional Districting Standards Undermines Fair Representation in the United States Katharine Inglis Butler Butler, Katharine Inglis 259

Index 287

About the Contributors 291