August 2001



Curriculum Vitae



College Address:


Pitzer Hall

Claremont McKenna College

850 Columbia Avenue

Claremont, CA 91711

(909) 607-2931

(909) 621-8419 (FAX)




Home Address:


1934 Rosemount Avenue

Claremont, CA 91711





Stanford University: A.B. with Great Distinction, 1961; A.M., 1962; Ph.D., 1966

(major field: American History).



Academic and Administrative Positions:


Roy P. Crocker Professor of American History and Politics, Claremont McKenna College, 1976-present.


Graduate Faculty in History of the Claremont Colleges, 1967-present.


Chairman, Department of Government, Claremont McKenna College, 1984- 1986, 1988-1990.


Chairman, Department of History, Claremont McKenna College, 1970-1973, 1976-1980.


Associate Professor of American History, Claremont McKenna College, 1971-1976.


Visiting Assistant Professor of History, Stanford University, 1968-1969.


Assistant Professor of American History, Claremont McKenna College, 1966-1971 (tenured, 1969).


Instructor in History, San Jose State College, 1965-1966.



Academic Areas:


United States Constitutional History and Law.

Recent American Political History.

General American History.

American Government.



Current Research:


The constitutional history of the war-making power.

The constitutional law of race in late nineteenth-century America.





Books, Chapters, and Articles:


Claremont Pioneers: The Founding of CMC (Gould Center, Claremont McKenna College, Claremont, CA., 1996).


"Interpreting the Fourteenth Amendment: Slaughter-House and Plessy," in Terry Eastland, editor., Benchmarks: Great Constitutional Controversies in the Supreme Court (Center for Ethics and Public Policy, Washington, D.C., 1995), pp. 13-44.


"The Original Understanding of Original Intent?" Constitutional Commentary, V (1988), 77-113. Reprinted in Jack N. Rakove, editor, Interpreting the Constitution: The Debate Over Original Intent (Northeastern University Press, 1990).


"War Powers, Treaties, and The Constitution," in Leonard Levy and Dennis Mahoney, editors, The Framing and Ratification of the Constitution (Macmillan, 1987), pp. 242-258.


The Plessy Case: A Legal-Historical Interpretation (Oxford University Press, 1987; paperback, 1988).


"On War-Making, Original Intent, and Ultra-Whiggery," Valparaiso University Law Review, XXI (1986), 53-68. [Invited critique of the issue's lead article, "'Once More Unto the Breach': The War Powers Resolution Revisited," by Eugene V. Rostow.]


"Government from Reflection and Choice": Constitutional Essays on War, Foreign Relations, and Federalism (Oxford University Press, 1986).


"`To Regulate Commerce': Federal Power Under the Constitution," this Constitution, Spring 1986, pp. 1-11. Reprinted in this Constitution: Our Enduring Legacy (pub. by Cong. Quarterly for the Amer. Hist. Assoc. and the Amer. Pol. Sci. Assoc., 1986).


"The Origins of the Tenth Amendment: History, Sovereignty, and the Problem of Constitutional Intention," in Ronald Collins, editor, Constitutional Government in America (Carolina Academic Press, 1980), pp. 331-357.


"National League of Cities v. Usery: Dual Federalism Reborn," Claremont Journal of Public Affairs, IV (1977), 19-34.


"Compulsory Military Service Under the Constitution: The Original Understanding," William and Mary Quarterly, 3rd Series, XXXIII (January 1976), 61-88.


"Missouri v. Holland in Historical Perspective," 1975 Supreme Court Review, pp. 77-122.


"United States v. Curtiss-Wright Export Corporation: An Historical Reassessment," Yale Law Journal, LXXXIII (1973), 1-32.


"War-Making Under the Constitution: The Original Understanding," Yale Law Journal, LXXXI (1972), 672-702. Reprinted in Richard Falk, editor, The Vietnam War and International Law, vol. 4 (Princeton University Press, 1976).


"Presuppositions and the Problem of Strategic Change," Policy Sciences, II (1971), 413-424.


"Mr. Truman's War: A [Constitutional] Debate and Its Aftermath," Review of Politics, XXXI (1969), 223-241.


"Force and Diplomacy, 1846-1848: The View from Washington," Military Affairs, XXXI (1967), 57-64.


"How New Is Limited War?" Military Review, July 1967, pp. 16-23.



Short Articles, Comments, Review Essays, and Reviews:


Review of Alexander DeConde, Presidential Machismo: Executive Authority, Military Intervention, and Foreign Relations (Northeastern Univ. Press, 1999), The Journal of Interdisciplinary History, vol. 31 (Spring 2001), 658-659 .


Review of Joseph M. Lynch, Negotiating the Constitution: The Earliest Debates over Original Intent (Cornell Univ. Press, 1999), The Journal of American History, vol. 87 (December 2000), 1018-1019.


Review of Daniel N. Hoffman, Our Elusive Constitution: Silences, Paradoxes, Priorities (St. Univ. of N.Y. Press, 1997), in The Journal of American History, vol. 85 (March 1999), 1581.


Review of Jack N. Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution, in Journal of Southern History, vol. 63 (August 1997), 640-41.


Review of Mark Whitman, editor, "Removing a Badge of Slavery": The Record of Brown v. Board of Education, in Journal of Southern History, LX (1994), 619-620.


Review of Donald W. Jackson, Even the Children of Strangers: Equality under the U.S. Constitution, in Journal of Southern History, LX (1994), 153-154.


Review of Loren Beth, John Marshall Harlan: The Last Whig Justice, in Journal of Southern History, LIX (1993), 577-578.


"Madisonian Limitations," [Review Essay on Jennifer Nedelsky, Private Property and the Limits of American Constitutionalism: The Madisonian Framework and Its Legacy,] in Reviews in American History, 20 (1992), 21-29.


Short articles on "The Vietnam War" and "The War Powers" in Leonard Levy and Kenneth Karst, editors, Encyclopedia of the American Constitution, first supplemental volume (Macmillan, 1992).


Review Essay on Christopher May, In the Name of War: Judicial Review and the War Powers Since 1919, in Constitutional Commentary, VI (Winter 1990), 1201-1211.


Review of Neil R. McMillen, Dark Journey: Black Mississippians in the Age of Jim Crow, in American Journal of Legal History, XXIV (1990), 320-322.


"Constitutive Conversation or Desperate Discourse?" [Review Essay on Sanford Levinson, Constitutional Faith,] in Reviews in American History, XVII (September 1989), 346-351.


Comment on William Wiecek, "Uses of History by the United States Supreme Court," in California Western Law Review, XXIV (1987-88), 269- 272.


Review Essay on Francis D. Wormuth and Edwin B. Firmage, To Chain the Dog of War: The War Power of Congress in History and Law, in Constitutional Commentary, V (1988), 247-256.


Contributor to Symposium, "Constitutional Scholarship: What Next?" Constitutional Commentary, V (1988), 32-35.


Review Essay on David Currie, The Constitution in the Supreme Court...1789-1888, in Constitutional Commentary, IV (1987), 177-185.


Short articles on "The Korean War," "Missouri v. Holland," "National League of Cities v. Usery," "United States v. Curtiss-Wright Export Corporation," and "The War Powers," in Leonard Levy, Kenneth Karst, and Dennis Mahoney, editors, Encyclopedia of the American Constitution (4 vols., Macmillan, 1986).


Review Essay on E.S. Corwin, The President: Office and Powers (5th edition), Kenneth Crews, Edward S. Corwin and the American Constitution, and Louis Fisher, Constitutional Conflicts Between Congress and the President, in Constitutional Commentary, III (1986), 193-203.


Review of Paul Finkelman, An Imperfect Union: Slavery, Federalism, and Comity, in Southwestern Historical Quarterly, July 1982, pp. 116-118.


Review of William W. Crosskey and William Jeffrey, Jr., Politics and the Constitution, vol. 3, in Political Science Quarterly, XCVI (1981), 505-507.


Comment on Raoul Berger, "Executive Privilege in Light of United States v. Nixon," Loyola of Los Angeles Law Review, IX (1975), 52-56.





American Historical Association; Organization of American Historians; The Historical Society; American Society for Legal History; American Association of University Professors; National Association of Scholars; Phi Beta Kappa.





United States Citizen.

U.S. Army Reserve, 1957-1963 (Honorable Discharge as Sergeant, E-5).

Amateur radio operator (FCC Amateur Extra Class license, W6JJZ), with various publications on antenna design and related topics.