Articles and Other Publications
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"The Fullness of Being: Thomas Aquinas and the Modern Critique of Natural Law," The Review of Politics, 69:1 Winter 2007: 28-47.
“Locke—Religion—Equality”, The Review of Politics, 67:3 Summer 2005, 419-431.
“Reconsidering Lockean Rights Theory” Interpretation, Summer 2005, 257-268.
“Natural Rights and Imperial Constitutionalism: the American Revolution and the Development of the American Amalgam”, Social Philosophy and Policy, col. 22, no.1, Winter 2005, pp.27-55 (reprinted in Ellen F. Paul, Fred Miller, and Jeffrey Paul, eds. Natural Rights Liberalism from Locke to Nozick).
“The fourteenth Amendment”, “The Constitutional Convention,” “Fugitive Slave Clause,”
“Dred Scott Case”, “Corfield v Coryell” in Federalism in America: an Encyclopedia, Greenwood Press, 2005.
“Perhaps He Was,” Review of Politics, Fall 2004.
“Casey at the Bat: Taking another Swing at Planned Parenthood v. Casey” in Christopher “Wolfe, ed. That Eminent Tribunal: Judicial Supremacy and the Constitution, (Princeton University Press, 2004)
“James Madison’s Political Science” in Sikkenga and Frost eds., History of American Political Thought, Rowman and Littlefield, 2003.
“Locke’s Project of a Natural Law Theory,” Interpretation, Winter 2001.
“Ravelstein” in Perspectives in Political Science, 2002.
"Big Government and Rights" in R. Zinman and J.Weinberg, eds., Politics at the Turn of the Century (Rowman & Littlefield, 2001).
"Natural Law, Natural Rights and Classical Liberalism : Montesquieu’s Critique of Hobbes," F. Miller, et. al. eds., "Natural Law and Modern Moral Philosophy," (Cambridge University Press, 2000).
"Herbert Storing’s Turn to the American Founding," Political Science Reviewer, Spring-Summer 2000.
"An American Paradox: Natural Rights and the American Revolution," in Lynn Hunt, et. al., ed., Human Rights, (Rowman & Littlefield, 2000).
"Refinding the Founding: Martin Diamond, Leo Strauss and the American Regime," in K. Deutsch and J. Murley, eds., The Influence of Leo Strauss on the Study of the American Regime (Rowman & Littefield, 1999).
"The Thirteenth Amendment: Enforcement" and "Application of the Fourteenth Amendment" in The Constitution and Its Amendments, (an encyclopedia) (Macmillan, 1998).
"Rights" in Blackwell’s Encyclopedia of the American Revolution, (2nd ed.), Jack Greene and J.R. Pole, eds. (1999).
"Natural Rights" in The Encyclopedia of the Enlightenment, A. Kors. ed., (Macmillan,2002).
"Do Natural Rights Derive from Natural Law?" Harvard Journal of Policy and Legislation, 1998.
"Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866," in B. Wilson and K. Masugi,eds., The Supreme Court and American Constitutionalism (Rowman & Littlefield, 1997).
"Empirical Theory 1997--Who's Kissing Him/Her Now?" (with Catherine Zuckert), in Kristin R. Monroe, ed., Contemporary Political Theory (University of California Press, 1997).
"Is Modern Liberalism Compatible with Limited Government? The Case of Rawls," in Robert George, ed., Natural Law, Liberalism, and Morality (New York: Oxford University Press, 1996).
"Toward a Theory of Corrective Federalism" in E. Katz and A. Tarr, Federalism and Rights (Rowman & Littlefield, 1996).
"The New Medea: Portia's Comic Triumph in The Merchant of Venice," in J. Alulis and V. Sullivan, eds., Shakespeare's Political Pageant (Savage, Md.: Rowman & Littlefield, 1996).
"The New Rawls and Constitutional Theory: Does It Really Taste That Much Better?" Constitutional Commentary, Winter 1994.
"Hobbes, Locke and the Problem of Rule of Law," in Ian Shapiro, ed., The Rule of Law (Nomos 1994).
"On Social State," in Peter A. Lawler and Joseph Alulis, eds., Tocqueville's Defense of Liberty (Garland Publishers, 1993).
"Completing the Constitution: the Fourteenth Amendment," Publius, Spring 1992.
Editor of Robert Horwitz, "John Locke's Questions Concerning the Law of Nature: A Commentary," Interpretation, Spring 1992.
"Lincoln and the Problem of Civil Religion," in Law and Philosophy: The Practice of Theory, ed. by Robert Stone, William Braithwaite, and John Murley (Ohio University Press,1992).
"The Virtuous Polity, the Accountable Polity: Freedom and Responsibility in The Federalist," Publius, Winter 1991.
"Thomas Jefferson on Nature and Natural Rights," in Robert Licht, ed., The Framers and Fundamental Rights, (Washington, D. C.: A. E. I, Press, 1991).
"The Federalist at 200--What It to Us," Constitutional Commentary, Winter 1990.
"Two Cheers (at least) for Allan Bloom," Essays on CLOSING OF THE AMERICAN MIND, ed. Robert Stone (Chicago, 1990).
"Epistemology and Hermeneutics in the Constitutional Jurisprudence of John Marshall," in Thomas Shevory, ed., John Marshall's Achievement: Law, and Constitutional Interpretation (Greenwood, 1989).
"'Bringing Philosophy Down from the Heavens': Natural Right in the Roman Law," The Review of Politics, Winter 1989.
"Orwell's Hopes, Orwell's Fears: 1984 as a Theory of Totalitarianism," Robert Savage, ed. The Orwellian Moment, (Little Rock: University of Arkansas Press, 1989).
"Towards an Agenda for the Third Century," in Sarah B. Thurow, ed., E Pluribus Unum--Constitutional Principle and the Institutions of Government, (Lanham, MD: University Press of America, 1988).
Mr. Adams and Mr. Jefferson, a radio play, based on their correspondence, under an N. E. H. grant (with Charles Umbanhowar and Ruth Weiner), broadcast by American Public Radio, Spring 1988.
Contribution to Symposium, "Constitutional Scholarship, What Next?" in Constitutional Commentary, Winter 1988.
"Re-union," a stage play based on the Adams-Jefferson correspondence (with Ruth Weiner and Charles Umbanhowar).
"A System without Precedent: Federalism in the American Founding," in Leonard Levy and Dennis Mahoney, ed., The Constitution: A History of Its Framing and Ratification, (New York: Macmillan, 1987).
"Completing the Constitution I: The Thirteenth Amendment," Constitutional Commentary, Summer 1987.
"Federalisms and the Founding," The Review of Politics, Spring 1986.
"What Was So Great about the Founding Fathers, After All?" Carleton Observer, Spring 1987.
"Self-Evident Truths and the Declaration of Independence," The Review of Politics, Summer 1987.
"Congressional Power under the Fourteenth Amendment," Constitutional Commentary, Winter 1986.
"Liberalism and Nihilism: The Performance Philosophy of Rawls, Nozick, and Ackerman," Constitutional Commentary, Fall 1985.
"Locke and the Problem of Civil Religion," A Bicentennial Essay of the Claremont Institute (Claremont, CA, 1985); reprinted in Robert Horwitz, ed., The Moral Foundations of the American Republic, 3rd ed. (Charlottesville: University of Virginia Press, 1986).
"Rationalism and Political Responsibility: Plato's Apology and The Clouds," Polity, Winter 1985.
"Oedipus and the Seven Dwarfs," Carleton Observer, Winter 1985.
"Judicial Biography and Justice Brandeis," Constitutional Commentary, Winter 1985.
"Meaning and Appropriation in the History of Political Philosophy: Reflections on Skinner's New History," Interpretation, September 1985.
"Contemporary Liberalism and the Theory of Constrained Performance," in Timothy Fuller, ed., The Prospects of Liberalism, (Colorado Springs, 1984).
"Hobbes on Rights and Obligation," The Review of Politics, Spring 1984.
"Justice Deserted: A Critique of Rawls' Theory of Justice," Polity, Summer 1981.
"Reviewing Tenured Faculty," Improving College and University Teaching, Spring 1980.
"An Introduction to Locke's First Treatise," Interpretation, 1979.
"Of Wary Physicians and Weary Readers: The Debates on Locke's Way of Writing," The Independent Journal of Philosophy, Fall 1977.
"The Recent Literature on Locke's Political Philosophy," Political Science Reviewer, Fall 1975.
"Fools and Knaves: Reflections on Locke's Theory of Philosophic Discourse,"The Review of Politics, October 1974.
"'. . . and in its wake we followed': The Political Thought of Mark Twain," Interpretation, Autumn 1972 (with Catherine Zuckert).
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