1. In Building a New American State, Skowronek refers to this as an “alternative governing coalition,” while David Plotke calls it a “reform bloc.” Skowronek, Stephen, Building a New American State (Cambridge: Cambridge University Press, 1982)Google Scholar; Plotke, David, Building a Democratic Political Order: Reshaping American Liberalism in the 1930s and 1940s (Cambridge: Cambridge University Press, 1996)Google Scholar.

2. Epp, Charles, The Rights Revolution (Chicago: University of Chicago Press, 1998)Google Scholar; Teles, Steven, The Rise of the Conservative Legal Movement (Princeton: Princeton University Press, 2008)Google Scholar.

3. Jacobs, Alan and Teles, Steven, “The Perils of Market-Making: The Case of British Pension Reform,” in Creating Competitive Markets: The Politics of Regulatory Reform, ed. Landy, Marc, Levin, Martin, and Shapiro, Martin (Washington, DC: Brookings, 2008)Google Scholar.

4. Derthick, Martha and Teles, Steven, “Social Security from 1980 to the Present: From Third Rail to Presidential Commitment—And Back?” in Conservatism and American Political Development, ed. Glenn, Brian and Teles, Steven (Oxford: Oxford University Press, 2009)Google Scholar; Teles, Steven, “Conservative Mobilization Against Entrenched Liberalism,” in Transformations of American Politics, ed. Pierson, Paul and Skocpol, Theda (Princeton: Princeton University Press, 2007)Google Scholar.

5. Teles, Steven, Whose Welfare? AFDC and Elite Politics (Lawrence: University Press of Kansas, 1998)Google Scholar, chap. 7.

6. Steven Teles, The Rise of the Conservative Legal Movement.

7. Doig, Jameson and Hargrove, Earl, Leadership and Innovation (Baltimore: Johns Hopkins, 1987)Google Scholar; McCraw, Thomas, Prophets of Regulation (Cambridge: Harvard, 1984)Google Scholar; Derthick, Martha and Quirk, Paul, The Politics of Deregulation (Washington, DC: Brookings, 1985)Google Scholar; Derthick, Martha, Policymaking for Social Security (Washington, DC: Brookings, 1979)Google Scholar.

8. The key text on the subject of bureaucratic autonomy in the American political development literature is Carpenter, Daniel, The Forging of Bureaucratic Autonomy (Princeton: Princeton, 2001)Google Scholar.

9. Speech by Governor Ronald Reagan Before the University of Southern California Law Day Luncheon, Los Angeles, April 29, 1967, http://www.reagan.utexas.edu/archives/speeches/govspeech/04291967a.htm.

10. These are discussed in detail in Ronald Reagan Oral History Project, Miller Center, Charlottesville, VA, “Interview with Edwin Meese III,” recorded August 9–10, 2001.

11. Beach, Bennett, “One More Narrow Escape,” Time, November 23, 1981Google Scholar.

12. Jefferson Decker, “The Conservative Non-Profit Movement and the Rights Revolution,” paper presented at the 2006 Meeting of the American Society of Legal Historians, Baltimore, MD; and Teles, The Rise of the Conservative Legal Movement, chap. 3.

13. Nollan v. California Coastal Commission, 483 U.S. 825 (1987).

14. Teles, The Rise of the Conservative Legal Movement, chap. 3.

15. Interview with Michael Horowitz, August 2007.

16. Ibid.

17. Horowitz, Michael, “The Public Interest Law Movement: An Analysis with Special Reference to the Role and Practices of Conservative Public Interest Law Firms” (prepared for the Scaife Foundation, 1980), p. 73Google Scholar.

18. Ibid., pp. 30, 85–86.

19. Ibid., p. 3.

20. Teles, The Rise of the Conservative Legal Movement, chap. 6.

21. Turner, Wallace, “Possible Chief for Law Unit Stirs Concern,” New York Times, November 20, 1981Google Scholar.

22. Zumbrun's colleague in the conservative public interest law movement, James Watt (who before becoming secretary of the interior was the head of the Mountain States Legal Foundation), became a lightning rod, managing to survive in office for only two years.

23. Greve, Michael, “Why Defunding the Left Failed,” The Public Interest (fall, 1987): 99–100Google Scholar.

24. Ginsberg, Benjamin and Shefter, Martin, Politics By Other Means (New York: W.W. Norton, 1999)Google Scholar.

25. Teles, The Rise of the Conservative Legal Movement, chap. 2.

26. Judith Layzer, “The Politics of Prevention: Conservatives and the Environment, 1980–2006,” in Glenn and Teles, Conservatism and American Political Development.

27. In fact, Baxter's antitrust division might be a partial exception to my general claim that DOJ in the first term was less oriented to the long term than in the second term. Baxter made a point of transforming the staffing patterns of the division by hiring more economists, and encouraged the division's lawyers to engage with economics as well. These changes would become institutionalized, influencing the course of antitrust policy to this day.  Schmalensee, Richard, “Bill Baxter in the Antitrust Arena: An Economist's Appreciation,” Stanford Law Review 51 (May 1999): 1317–32CrossRefGoogle Scholar.

28. Golden, Marissa Martino, What Motivates Bureaucrats? (New York: Columbia University Press, 2000)CrossRefGoogle Scholar, chap. 5. Reynolds's ideological fervor, combined with pressure from key Republican constituencies, was so considerable that it helped push the administration into its politically disastrous role in the Bob Jones case, where the administration took the side of a segregationist college that had seen its tax-exempt status eliminated. The best account of this is Eric Stern and Phillip Heyman's “The Case of the Segregated Schools,” Kennedy School of Government Case C14-83-541, April 18, 1983.

29. Interview with Kenneth Cribb, August 2007.

30. Interview with Richard Willard, July 2008.

31. Interview with Gary McDowell, July 2007.

32. Siegan, Bernard, Economic Liberties and the Constitution (Chicago: University of Chicago Press, 1980)Google Scholar.

33. Interview with Steven Calabresi, July 2007.

34. Interview with Terry Eastland, July 2007. A good sense of Smith's priorities can be found in Smith, William French, Law and Justice in the Reagan Administration (Palo Alto, CA: Hoover Institution, 1991)Google Scholar.

35. Interview with Edwin Meese, July 2007.

36. Subject Files of William Bradford Reynolds, “Summary of Discussion,” Department of Justice Retreat, Wye Plantation, November 19–20, 1984, Records of the Department of Justice, National Archives, College Park, MD.

37. “Summary of Discussion,” 19–20. Reynolds went on to recommend that others read the Kennedy School case cited above, Stern and Heyman, “The Case of the Segregated Schools,” 21. On Grove City, see Graham, Hugh Davis, “The Storm Over Grove City College: Civil Rights Regulation, Higher Education, and The Reagan Administration,” History of Education Quarterly (winter, 1998): 407–29CrossRefGoogle Scholar.

38. “Summary of Discussion,” 62.

39. Interview with Meese, July 2007.

40. Subject Files of T. Kenneth Cribb, “Memorandum for T. Kenneth Cribb Jr., From: Steven G. Calabresi, Subject: Priority Issues to be Monitored at the Long-Range Planning Meetings,” January 1, 1986, Records of the Department of Justice, National Archives, College Park, MD.

41. Letter from Terry Eastland to Patrick J. Buchanan, April 10, 1985, On File with Author.

42. Interview with McDowell, July 2007.

43. Storing was a student of Leo Strauss, and along with Martin Diamond was one of the most important figures in reviving the study of American political thought, especially of the founding period. A selection of his work can be found in Bessette, Joseph, ed., Toward a More Perfect Union: Writings of Herbert J. Storing (Washington, DC: AEI, 1995)Google Scholar.

44. Interview with Cribb, August 2007.

45. “Summary of Discussion,” 55.

46. “Summary of Discussion,” 3.

47. Interview with Cribb, August 2007.

48. Interview with Stephen Markman, August 2007.

49. Interview with Cribb, July 2007.

50. Interview with Cribb, August 2007.

51. Interview with Meese, July 2007.

52. United States Department of Justice, Legal Activities: 1984–1985; United States Department of Justice, Legal Activities: 1986–1987.

53. Amanda Hollis-Brusky shows how “Reagan alumni” provided a critical network for developing some of the most important conservative cases in the years after they left the department. Amanda Hollis-Brusky, “The Reagan Administration and the Rehnquist Court's New Federalism: Reconsidering Presidential Influences on Constitutional Change,” http://works.bepress.com/amanda_hollis/1/.

54. Teles, The Rise of the Conservative Legal Movement, chap. 7.

55. Along with the Institute for Humane Studies, ISI is the oldest and most active conservative organization on campus, helping subsidize speakers, organizing conferences of young conservatives, and providing scholarships for graduate education.

56. Interview with Cribb, July 2007.

57. David Lewis has found that, “Reagan's head of Presidential Personnel, Pendleton James, recounted how Reagan told him that the administration provided an opportunity to bring bright young people into government, expose them to the administration and they'll go back home and ‘there's mayors, governors, city council members’ there. Reagan's first head of the Office of Personnel Management recounted how some in the administration viewed Schedule C appointments as a training ground for future Republican appointees. They placed young Republicans in junior appointed positions to start and have them work their way up.” David Lewis, “Personnel is Policy: George W. Bush's Managerial Presidency,” in Colin Provost and Paul Teske, eds. Extraordinary Times, Extraordinary Powers: President George W. Bush's Influence Over Bureaucracy and Policy (New York: Palgrave, Forthcoming).

58. Interview with Cribb, July 2007.

59. Interview with Cribb, July 2007.

60. These young conservatives proved something of a headache for some of the DOJ's senior officials who were not as ideologically committed as they were. This is a major theme of Solicitor General Fried's, CharlesOrder and Law: Arguing the Reagan Revolution (New York: Simon and Schuster, 1991)Google Scholar. This point is further elaborated in Amanda Hollis-Brusky, “The Reagan Administration and the Rehnquist Court's New Federalism: Understanding the Role of the Federalist Society,” http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=amanda_hollisi

61. Interview with Cribb, July 2007.

62. “Summary of Discussion,” 79.

63. Interview with Richard Willard, July 2008.

64. Interview with Willard, July 2008.

65. Interview with Willard, July 2008.

66. Interview with Willard, July 2008.

67. Interview with Michael Horowitz, August 2007.

68. Interview with Horowitz, August 2007.

69. Interview with Horowitz, August 2007.

70. Interview with Steven Galebach, August 2007.

71. As quoted in Teles, The Rise of the Conservative Legal Movement, p. 141.

72. Interview with Cribb, August 2007.

73. Interview with Cribb, August 2007.

74. Comments of Kenneth Cribb, Conference on “The Legacy of the Department of Justice under Attorney General Edwin Meese III,” January 27, 2007, http://www.fed-soc.org/publications/id.424/default.asp.

75. Interview with Cribb, August 2007.

76. “I gave them the idea for it and they ran with it. I think it was when I was clerking, I had the idea that the Intercollegiate Studies Institute ought to start a group for lawyers, just like they had a group for law students.” Interview with Galebach, August 2007.

77. Interview with Galebach, August 2007.

78. Interview with McDowell, July 2007.

79. Interview with Cribb, August 2007.

80. Interview with Calabresi, July 2007.

81. Interview with Cribb, August 2007.

82. Teles, The Rise of the Conserverative Legal Movement, pp. 141–142.

83. Interview with McDowell, July 2007.

84. Interview with McDowell, July 2007.

85. Interview with Meese, July 2007.

86. Interview with Calabresi. July 2007.

87. Interview with Calabresi, July 2007.

88. Interview with Calabresi, July 2007.

89. Teles, The Rise of the Conservative Legal Movement, chap. 5.

90. As quoted in Teles, The Rise of the Conservative Legal Movement, p. 145.

91. Interview with Terry Eastland, July 2007.

92. Interview with Cribb, August 2007.

93. Bork, Robert, “Neutral Principles and Some First Amendment Problems,” Indiana Law Journal 47, no. 1 (1971)Google Scholar.

94. Berger, Raoul, Government by Judiciary: The Transformation of the Fourteenth Amendment (Cambridge, MA: Harvard University Press, 1977)Google Scholar.

95. A good discussion of the origins of originalism can be found in O'Neill, Jonathan, Originalism in American Law and Politics: A Constitutional History (Baltimore, MD: Johns Hopkins University Press, 2005)Google Scholar.

96. Interview with Cribb, August 2007.

97. Post, Robert and Siegel, Reva, “Originalism as a Political Practice: The Right's Living Constitution,” Fordham Law Review (November 2006,): 554Google Scholar.

98. Interview with Cribb, August 2007. Eastland agrees that the speech was not primarily aimed at the conservative movement, as such: “I also thought it was suitable for an elite audience that would have all kinds of members of the bar including judges and academics. So it would be something that could be discussed … I had no political intent of bringing the conservative movement under some sort of canopy. I didn't have that thought in mind.” Interview with Eastland, July 2007.

99. Interview with Meese, July 2007.

100. Interview with McDowell, July 2007.

101. Interview with McDowell, July 2007.

102. Yalof, David, Pursuit of Justices (Chicago: University of Chicago Press, 2001)Google Scholar, chap. 6; Goldman, Sheldon, Picking Federal Judges (New Haven, CT: Yale University Press, 1997)Google Scholar, chap. 8.

103. Interview with Markman, August 2007. Meese himself acknowledges that the speeches were “particularly directed at what our view of the judicial role was, and the standards by which we would be recommending to the President the appointment of judges.” Ronald Reagan Oral History Project, Miller Center, Charlottesville, VA, “Interview with Edwin Meese III,” recorded August 9–10, 2001, p. 204.

104. Interview with Cribb, August 2007. Meese himself acknowledges the linkage with judicial selection: “It was a matter of [defining] what judges should do, in order to determine what sort of people should be judges.” Interview with Meese, July 2007.

105. Interview with McDowell, July 2007.

106. The Great Debate: Interpreting Our Written Constitution (Washington, DC: The Federalist Society, 1986).

107. Interview with Meese, July 2007.

108. Interview with McDowell, July 2007.

109. Interview with Meese, August 2007.

110. Balkin, Jack M., “Bush v. Gore and the Boundary Between Law and Politics,” Yale Law Journal 110, no. 8 (June 2001): 1444–45CrossRefGoogle Scholar.

111. Interview with Calabresi, July 2007.

112. Interview with Eastland, July 2007.

113. Interview with Richard Willard, July 2008.

114. Interview with Cribb, August 2007.

115. Interview with Galebach, August 2007.

116. Interview with Meese, July 2007.

117. The concept of achieving coordination and direction through ideas, rather than direct hierarchical control, can be found (in very different contexts) in Kaufman, Herbert, The Forest Ranger (Baltimore, MD: Johns Hopkins University Press, 1960)Google Scholar and Kershaw, Ian, Hitler: Nemesis (New York: W.W. Norton, 1999)Google Scholar.

118. Interview with Meese, July 2007.

119. Humphrey's Executor v. United States, 295 U.S. 602 (1935) addressed the president's power to remove officers from independent commissions.

120. Interview with McDowell, July 2007.

121. Interview with Galebach, July 2007.

122. Interview with Cribb, August 2007.

123. Interview with Markman, August 2007.

124. United States Department of Justice, Office of Legal Policy, Original Meaning Jurisprudence: A Sourcebook (Washington, DC: GPO, 1988)Google Scholar.

125. A much more extensive discussion of the substance of these reports can be found in Johnsen, Dawn, “Ronald Reagan and the Rehnquist Court on Congressional Power: Presidential Influences on Constitutional Change,” 78 Indiana Law Journal 363 (2003)Google Scholar. A useful critique of Johnsen's framing of these reports can be found in Amanda Hollis-Brusky, “The Reagan Administration and the Rehnquist Court's New Federalism”

126. Interview with Markman, August 2007.

127. Interview with Markman, August 2007.

128. A discussion of the historical turn in legal scholarship can be found in Kalman, Laura, The Strange Career of Legal Liberalism (New Haven, CT: Yale University Press, 1998)Google Scholar. Examples of liberal scholarship that has attempted to develop a “liberal originalism” are Amar, Akhil, America's Constitution: A Biography (New York: Random House, 2005)Google Scholar and Balkin, Jack, “Abortion and Original Meaning,” Constitutional Commentary, 24, no. 101 (2007)Google Scholar. Ackerman's, BruceWe the People: Volume One, Foundations (Cambridge, MA: Belknap/Harvard, 1993)Google Scholar can also be read as a response to originalism.

129. Consider that the major effort by the American Constitution Society, which was created to be a liberal counterpart to the Federalist Society, to plan out the future of liberal constitutionalism was called “The Constitution in 2020.” As part of that project, the OLP's planning documents described above were prominently discussed and treated as a kind of template for action. See http://islandia.law.yale.edu/acs/conference/index.asp.

130. An excellent discussion of “collective identity” can be found in Polletta, Francesa and Jasper, James, “Collective Identity and Social Movements,” Annual Review of Sociology (2001): 283–305CrossRefGoogle Scholar.

131. Galvin, Daniel, Presidential Party Building (Princeton, NJ: Princeton University Press, 2009)CrossRefGoogle Scholar.

132. I am, of course, treating Smith and Meese for this purpose as ideal types—the reality was certainly murkier.

133. Skowronek, Building a New American State, chaps. 4 and 7.