ACKNOWLEDGEMENTS
Writing this book, my second, has been a joy. For nearly two decades, my professional life revolved around the Supreme Court, and it is an extraordinary institution. Living legends have walked those marble halls. The victories they have won for Justice and Rule of Law—and, at times, the damage they have inflicted on our Nation—have been incalculable.
I am grateful for all those who assisted in writing. Josh Hammer, a young lawyer and talented and rising opinion journalist, helped research and write the entire manuscript. I wrote much of the book during the coronavirus lockdown, and Josh and I spent hours and hours on the phone and on email going chapter by chapter. He did a superb job.
As always, I am immensely thankful for Heidi and our two daughters, Caroline and Catherine. They were on lockdown with me, all four of us together 24/7 in our house: Heidi working upstairs in her office, Caroline doing distance schooling to finish sixth grade in her bedroom, and Catherine finishing third grade at the kitchen table. They put up with me, ensconced in the living room, papers and legal briefs lying everywhere, writing day after day. I suspect they’d tell you they put up with a lot more than that.
And I appreciate the many people who helped review early drafts. Steve Chartan, Sam Cooper, Lauren Aronson, Andrew Davis, Omri Ceren, Jeff Roe, David Polyansky, Jason Johnson, and both my parents read parts or all of the book, and generously shared their insight and suggestions.
My book agent Keith Urbahn provided his predictably wise counsel, and my editor Paul Choix—and the entire team at Regnery—exercised a (thankfully) light touch, but they made the draft significantly better.
I’d like to say any errors in this book are Jeff Roe’s fault. But, speaking more fairly, the responsibility for any mistakes is mine.
ABOUT THE AUTHOR
Author Photo by Gregory Woodman
TED CRUZ, a U.S. senator for the State of Texas, has dedicated his life to upholding the principles enshrined in our Constitution. After graduating from Harvard Law School, he clerked for Judge J. Michael Luttig and Chief Justice William Rehnquist and became the youngest and longest-serving solicitor general in Texas history. Senator Cruz and his wife, Heidi, live in his hometown of Houston with their two young daughters, Caroline and Catherine.
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INDEX
A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function.
A
Abbott, Greg, xxviii, 10–11, 14–17, 70, 131–33, 186, 189–90
Abington School District v. Schempp, 3
Abrams, Floyd, 121, 123
Adams, John, 4
Agnew, Spiro, 204
Alien and Sedition Acts, 124
Alito, Samuel, xxix, 39–40, 72, 104, 114, 116–17, 200, 215, 217, 220–23
American Civil Liberties Union (ACLU), 9, 21, 30, 123, 214
American dream, xxix, 28
American Revolution, 64, 114
amicus curiae briefs, 19, 44, 47, 51, 72, 102, 151, 158
Anti-Injunction Act, 217
Antiterrorism and Effective Death Penalty Act (AEDPA), 148
Ayotte v. Planned Parenthood of Northern New England, 102
Aztecs, the, 13
B
background check, 58–59
Baker, Jim, 168, 170, 173, 179–80, 184
Bartholet, Elizabeth, 32
Bartlit, Fred, 168–70
Baze v. Rees, 158
Beck, Phil, 169–71
Bible, the, 3, 5, 92–93
Biden, Joseph (Joe), 25–26, 61, 111, 114–15
Bill of Rights, xviii, xxviii, 1–2, 41–50, 53, 55, 62, 92, 97, 119–20, 123–24, 140, 145, 201
Blackstone, William, 49, 153
Blaine amendments, 39–40
Boies, David, 169–71
Bolten, Joshua, 165, 184
Bork, Robert, 208–10, 214
Born-Alive Abortion Survivors Protection Act, 106–7
Brandeis, Louis, 92
Brennan, William, xxxi, 98, 201, 203, 211
Brexit, 65
Breyer, Stephen, 17–18, 77, 155, 158, 159, 179, 214, 221
Burwell v. Hobby Lobby Stores, 24–25
Bush administration (George W.), xx, xxviii, 31, 53, 69–71, 75, 215, 228
Bush campaign (George W.), xxviii, 72, 118, 173, 181, 228
Bush v. Gore, xxvii, xxx, 173, 175, 197
Bush, George H. W., 118, 187, 211
C
Cambodia invasion, 204
capital punishment, xxx, 143–46, 151–54, 157–59
Carter, Jimmy, xv, 8, 80
Carvin, Mike, xxvii, xxviii, 167–68, 170, 174–76, 192
Casablanca, 195
Catholic Church, the, 25
Chamberlain, Neville, 80
Chemerinsky, Erwin, 12–14, 74
child rape, xxx, 151–54
Christopher, Warren, 173
Churchill, Winston, 197
Citizens United v. Federal Election Commission, xxix, 111–14, 116–17, 119, 121–23, 130
civil rights issue, xxviii, 5, 27, 38, 205
Civil Rights Movement, the, 5–6
Clement, Paul, 15–16, 52, 71, 205
Clinton, Hillary, xi, xii, xiii, xvi, xvii, 55, 75, 79, 111–12, 114, 116–18, 228
Clinton, Bill, xvii, 18, 24, 101, 118, 173, 218
Club for Growth, the, 129, 135–36
Cohen v. California, 121
Coker v. Georgia, 152
Commerce Clause, 216
Connally, John, 189
Connick v. Thompson, 151
contraceptive mandate, 23–24
Cooper, Chuck, xxvii, 28, 106, 168, 176, 208, 221, 231
Cornyn, John, x, 132
Craddick, Tom, 186
crime rates, 57, 140–41
Cruz, Heidi, xiii, xxi, xxviii, 15, 37, 72, 128–29, 165–66, 168, 176, 180–83, 185–86, 220
D
death penalty, xxiii, xxv, xxx, 67, 72, 75, 144–49, 151–52, 154, 157–59
Declaration of Independence, 2–3, 27, 47, 64, 93, 195
DeMille, Cecil B., 1, 7–8
democratic process, the, xxix, 91, 96
Department of Justice (DOJ), xxvii, xxviii, 52–54, 58–59, 70–71, 74, 141, 194, 205, 208, 217
Dewhurst, David, 131, 133, 135
Dickerson v. United States, 142
District of Columbia v. Heller, xxiv, xxix, 43–44, 50–55
Doe v. Bolton, 97–98
Douglas, William O., 98
Dred Scott v. Sanford, 96
Durbin, Dick, 115, 125, 160–61
E
Eastman, John, 64
EdChoice, 31
Eisenhower, Dwight, 201–4
Eldred v. Ashcroft, 46
Elk Grove Unified School District v. Newdow, 19
Employment Division v. Smith, 24
Engel v. Vitale, 3
Espinoza v. Montana Department of Revenue, 39–40
Establishment Clause, 2–3, 12, 17–18, 36
European Union (EU), 65
Evans, Don, 166
exclusionary rule, the, 139–40
F
Federal Election Commission (FEC), xxix, 111, 129–31, 167
federalism, xxv, 64, 73–74, 145, 205
Federalist Papers, xxiii, 48, 64, 113
Federalist Society, the, 29
Feingold, Russ, 123
Feinstein, Dianne,