Author: Marshall Poe

One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide. 

In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods from history, law, and political science to theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Understanding American constitutional law means looking at the relationship among dominant political coalitions, social movements, and the evolution of constitutional law as prescribed by judges. For Kreis, constitutional doctrine does not exist in a philosophical vacuum – it is a “distillation of partisan politics.”

Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Kreis uses tools from law, history, and American political development to explain how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. For Kreis, constitutional law is “best understood through the diachronic lens of American Political Development (APD) and the concept of political time. Kreis concludes that the courts have never been—and cannot be—institutions lying outside the currents of national politics.

Dr. Anthony Michael Kreis is assistant professor at Georgia State University College of Law where he teaches constitutional law and works at the intersection of law and American Political Development. He earned his undergraduate and law degrees at the University of North Carolina at Chapel Hill and Washington & Lee University, respectively, and his PhD from the School of Public and International Affairs at the University of Georgia.

Mentioned:

• President Lyndon B. Johnson’s March 15, 1965 speech before Congress on voting rights
• Keith E. Whittington’s Political Foundations of Judicial Supremacy and other works
• Gerald Rosenberg’s The Hollow Hope: Can Courts Bring About Social Change?



Correction: Justices Sotomayor and Kagan were nominated by President Obama and Justice Jackson was nominated by President Biden.

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A masterful account of the global Cold War’s decisive influence on Soviet economic reform, and the national decay that followed.

What brought down the Soviet Union? From some perspectives the answers seem obvious, even teleological—communism was simply destined to fail. When Yakov Feygin studied the question, he came to another conclusion: at least one crucial factor was a deep contradiction within the Soviet political economy brought about by the country’s attempt to transition from Stalinist mass mobilization to a consumer society.

Building a Ruin: The Cold War Politics of Soviet Economic Reform (Harvard UP, 2024) explores what happened in the Soviet Union as institutions designed for warfighting capacity and maximum heavy industrial output were reimagined by a new breed of reformers focused on “peaceful socioeconomic competition.” From Khrushchev on, influential schools of Soviet planning measured Cold War success in the same terms as their Western rivals: productivity, growth, and the availability of abundant and varied consumer goods. The shift was both material and intellectual, with reformers taking a novel approach to economics. Instead of trumpeting their ideological bona fides and leveraging their connections with party leaders, the new economists stressed technical expertise. The result was a long and taxing struggle for the meaning of communism itself, as old-guard management cadres clashed with reformers over the future of central planning and the state’s relationship to the global economic order.

Feygin argues that Soviet policymakers never resolved these tensions, leading to stagnation, instability, and eventually collapse. Yet the legacy of reform lingers, its factional dynamics haunting contemporary Russian politics.

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The Algerian War of Independence constituted a major turning point of 20th century history. The conflict exacerbated divisions in French society, culminating in an unsuccessful coup attempt by the OAS in 1961. The war also launched the Third Worldist movement, delegitimized colonial rule because of its brutality, and it gave us one of the towering anti-colonial intellectual figures, the pro-FLN Martinican psychiatrist Frantz Fanon.

Today’s episode focuses on another important development that occurred as a result of the Algerian War: the transformation of modern warfare. Revolutionary Warfare: How the Algerian War Made Modern Counterinsurgency (Cornell UP, 2024) shows how French generals, officers, and civil officials sought to counter Algerian independence with their own project of social transformation. My guest, Terrence Peterson, argues that the French military effort in Algeria never exclusively focused on repression. Instead, military leaders fashioned new forms of surveillance and social control that its proponents hoped would capture the loyalty of Algerians and transform Algerian society. Although ultimately unsuccessful in its attempt to ‘keep Algeria French,’ the new strategy of counterinsurgency became a model for anti-communist military and intelligence officers around the world.

Terrence Peterson is an Associate Professor of History at Florida International University, where he teaches on modern Europe and European empires. He holds a PhD from the University of Wisconsin at Madison. 

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In our interview about Black Snow: Curtis LeMay, the Firebombing of Tokyo, and the Road to the Atomic Bomb (W. W. Norton & Company, 2022), James M. Scott discusses the principles and personalities involved in the most destructive air attack in history.

Seven minutes past midnight on March 10, 1945, nearly 300 American B-29s thundered into the skies over Tokyo. Their payloads of incendiaries ignited a firestorm that reached up to 2,800 degrees, liquefying asphalt and vaporizing thousands; sixteen square miles of the city were flattened and more than 100,000 men, women, and children were killed.

Black Snow is the story of this devastating operation, orchestrated by Major General Curtis LeMay, who famously remarked: “If we lose the war, we’ll be tried as war criminals.” Scott reconstructs in granular detail that horrific night, and describes the development of the B-29, the capture of the Marianas for use as airfields, and the change in strategy from high-altitude daylight “precision” bombing to low-altitude nighttime incendiary bombing. Most importantly, the raid represented a significant moral shift for America, marking the first time commanders deliberately targeted civilians which helped pave the way for the atomic bombing of Hiroshima and Nagasaki five months later.

Drawing on first-person interviews with American pilots and bombardiers and Japanese survivors, air force archives, and oral histories never before published in English, Scott delivers a harrowing and gripping account, and his most important and compelling work to date.

Andrew O. Pace is a historian of the US in the world who specializes in the moral fog of war. He is currently a DPAA Research Partner Fellow at the University of Southern Mississippi and a co-host of the Diplomatic History Channel on the New Books Network. He is also working on a book about the reversal in US grand strategy from victory at all costs in World War II to peace at any price in the Vietnam War. He can be reached at andrew.pace@usm.edu or via andrewopace.com. Andrew is not an employee of DPAA, he supports DPAA through a partnership. The views presented are those of the author and do not necessarily represent the views of DPAA, DoD or its components.

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In Fate Unknown: Tracing the Missing after World War II and the Holocaust (Oxford University Press, 2023), Dan Stone tells the story of the last great unknown archive of Nazism, the International Tracing Service. Set up by the Allies at the end of World War II, the ITS has worked until today to find missing persons and to aid survivors with restitution claims or to reunite them with loved ones. From retracing the steps of the 'death marches' with the aim of discovering the burial sites of those murdered across the towns and villages of Central Europe, to knocking on doors of German foster homes to find the children of forced laborers, Fate Unknown uncovers the history of this remarkable archive and its more than 30 million documents. Under the leadership of the International Committee of the Red Cross, the tracing service became one of the most secretive of postwar institutions, unknown even to historians of the period. 

Delving deeply into the archival material, Stone examines the little-known sub-camps and, after the war, survivors' experience of displaced persons' camps, bringing to life remarkable stories of tracing. Fate Unknown combs the archives to reveal the real horror of the Holocaust by following survivors' horrific journeys through the Nazi camp system and its aftermath. The postwar period was an age of shortage of resources, bitterness, and revenge. Yet the ITS tells a different story: of international collaboration, of commitment to justice, and of helping survivors and their relatives in the context of Cold War suspicion. These stories speak to a remarkable attempt by the ITS, before the Holocaust was a matter of worldwide interest, to carry out a program of ethical repair and to counteract some of the worst effects of the Nazis' crimes.

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Political Scientist E.J. Fagan, an Assistant Professor of Political Science at the University of Illinois at Chicago, once worked at a think tank, and has long been interested in the intersecting work of think tanks and politics. Thus, The Thinkers: The Rise of Partisan Think Tanks and the Polarization of American Politics (Oxford UP, 2024) is an outgrowth of Fagan’s academic research and experience. Think tanks, by their very nature, are generally creating information, knowledge, policy ideas, and the like, with the intention of influencing the policy that is made by elected officials. Those who work at think tanks are generally experts in particular policy areas, and they produce information. Think tanks are not academic institutions, and they are not part of political parties either. They are private organizations that can have policy influence on parties, candidates, and policy development. In The Thinkers, Fagan pays close attention to four think tanks that he explains are the most partisan among the hundreds of think tanks: the Heritage Foundation, the American Enterprise Institute (AEI), the Center for American Progress, and the Center on Budget and Policy Priorities. There are many other think tanks, and Fagan explains that these four have had the most direct engagement in developing policy that is then taken up by elected officials (members of the U.S. House, the U.S. Senate, the president and White House advisors, as well as governors and state-level elected officials.)

The Thinkers: The Rise of Partisan Think Tanks and the Polarization of American Politics assesses the role of think tanks within partisan politics and the connections between these organizations and the policy outcomes we often see in presidential administrations and in Congress. The book also highlights a significant finding, that the rise of think tanks has contributed to the polarization within American politics. Fagan has the data to support this finding, noting that the increased influence of the think tanks, the issue areas where they are directing their work and research, and the increased polarization over the past few decades. The Thinkers teases out the connection between lawmakers and neutral experts—who tend to be academics doing research at colleges and universities, and those working at think tanks, who have interpolated between these two groups. This is an important part of the research on think tanks and how they operate, especially the think tanks that are more partisan and working closely to influence policy outcomes. Given the current focus on the Heritage Foundation’s Project 2025, we also discussed how this is an example of the way that the more partisan think tanks engage in the policy development process, and how they hope to influence politicians and elected officials. The Thinkers is a fascinating study of American think tanks and their role and place within our political system.

Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social

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The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists. 

In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims. 

Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past. 

This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself.  

This book speaks directly to originalists with a challenge to make a fundamental choice between recognizing how our modern constitutional practices distort the original constitution and embrace them for the modern fiction that they are, or recover the original Constitution that the Founders actually knew. 

Author recommended reading: 

• The Interbellum Consitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale UP, 2024) by Alison L. LaCroix

Related resources: 

• The Structure of Scientific Revolutions by Thomas S. Kuhn
• Edwin Meese speech to the American Bar Association in 1985
• Constitutional Faith by Sanford Levinson

New Books Network interview with Jonathan Gienapp, when Derek Litvak spoke with him in 2019 about The Second Creation: Fixing the American Constitution in the Founding Era (Harvard UP 2018).

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Our universe might appear chaotic, but deep down it's simply a myriad of rules working independently to create patterns of action, force, and consequence. In Ten Patterns That Explain the Universe (MIT Press, 2021), Brian Clegg explores the phenomena that make up the very fabric of our world by examining ten essential sequenced systems. From diagrams that show the deep relationships between space and time to the quantum behaviors that rule the way that matter and light interact, Clegg shows how these patterns provide a unique view of the physical world and its fundamental workings.

Guiding readers on a tour of our world and the universe beyond, Clegg describes the cosmic microwave background, sometimes called the "echo of the big bang," and how it offers clues to the universe's beginnings; the diagrams that illustrate Einstein's revelation of the intertwined nature of space and time; the particle trail patterns revealed by the Large Hadron Collider and other accelerators; and the simple-looking patterns that predict quantum behavior (and decorated Richard Feynman's van). Clegg explains how the periodic table reflects the underlying pattern of the configuration of atoms, discusses the power of the number line, demonstrates the explanatory uses of tree diagrams, and more.

Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch.

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