This essay explores women’s antiwar activism in New York, California, and Kansas demonstrating the national breadth and regional diversity of pacifist and peace organizing. The essay identifies some of the individual women who raised their voices and pens against the war and includes some of the antiwar and pacifist organizations women created or joined including the Woman’s Peace Party, the People’s Council, and the Union Against Militarism. It argues that women of the First World War peace movement linked state-sanctioned violence in war with state-sanctioned violence against women, children, and the poor. Women thus contributed to the process by which the peace movement transitioned from defining peace as the absence of war to defining peace as the presence of social, economic, and political justice.

As our discussion in Chapter 6 makes clear, how judges are selected shapes the power dynamics of the judicial tug of war. This makes judicial selection itself a source of heated conflict, the subject we take up in Chapter 7. We use our judicial tug-of-war framework to explore how the parties respond or try to change existing judicial selection mechanisms. Specifically, as we show, the greater the misalignment between the ideological preferences of attorneys and politicians, the greater the incentives political elites will have to introduce ideological considerations into the judicial selection process. Understanding this dynamic, we argue, is key to both explaining and predicting attempts at judicial reform: Under current ideological configurations, conservatives will, depending on how liberal they perceive the bar to be, back reform efforts oriented toward partisan elections and executive appointments, while liberals will work to maintain merit-oriented commissions. We explore the contours of this predictive framework with three illustrative case studies: Florida in 2001, Kansas in 2011, and North Carolina in 2016.

The common thread in Missouri, Kansas, and Oklahoma is the effort by conservatives, both in the legislature and outside, to end the role of nominating commissions in judicial selection. This effort was prompted in each state by decisions made by the state's supreme court, when the majority of justices were selected by Democratic governors. It also reflects the broader view among conservatives, demonstrated by what happened in Tennessee where the nominating commission was abolished, that the dominance of lawyers on the nominating commission tends to produce liberal judges. In these three states, with the exception of one court, eliminating the nominating commission requires a constitutional amendment. The one exception is the intermediate Kansas Court of Appeals because it is a creation of legislature, which allows the legislature to set the method of selection and retention; in 2014, the Kansas legislature abolished the nominating commission for that court. The Republican-controlled legislatures in these three states have not succeeded in getting the needed majorities, or supermajorities, required to send a constitutional amendment to the voters.

Chapters 5–7 bring the story into the 1850s. Chapter 5 opens with the passage of the Fugitive Slave Act of 1850, and the distinct regional reactions to the legislation. The discussion then turns to the law’s impact on the operations of the Underground Railroad in the Borderland. Though attempts to remand fugitives from the Borderland accelerated, enslaved African Americans continued to strike out for freedom in ever greater numbers. The law empowered slave catchers to retaliate legally and violently against Underground activists, but this added pressure was at least partially offset by the completion of rail transportation networks linking the Borderland with the Upper North, which boosted activists’ capacity to help fugitives traverse the region quickly. Though the new fugitive slave law did not succeed in suppressing Underground activity, it did inhibit resistance to fugitive slave renditions: most fugitive slave rescues in the region in the 1850s employed trickery and misdirection as opposed to the large-scale riots that had characterized the region in the 1840s.