42.For the relationship today, see Marc J. Hetherington, Why Trust Matters: Declining Political Trust and the Demise of American Liberalism (Princeton, NJ: Princeton University Press, 2005).
43.Quoted and discussed in James M. Buchanan, “The Constitution of Economic Policy,” Nobel Prize lecture, December 8, 1986, www.nobelprize.org/nobel_prizes/economic-sciences/laureates/1986/buchanan-lecture.html.
44.Buchanan, “Constitution of Economic Policy.”
45.Buchanan, Better than Plowing, 6. For illuminating analysis of Buchanan’s departure from Wicksell, essentially turning the Swede’s purpose on its head, see Amadae, Prisoners of Reason, 193–200.
46.Buchanan, Better Than Plowing, 8–9, 83–88; James M. Buchanan, Public Principles of Public Debt: A Defense and Restatement (Homewood, IL: Richard D. Irwin, 1958), vi, vii.
CHAPTER 3: THE REAL PURPOSE OF THE PROGRAM
1.James M. Buchanan, Better than Plowing and Other Personal Essays (Chicago: University of Chicago Press, 1992), 16, 94–95.
2.“Working Papers for Internal Discussion Only” (December 1956), record group 2/1/2.634, box 9, Office of the President, Papers of the President of the University of Virginia, Office Administrative Files, Manuscripts Division, Alderman Library, University of Virginia.
3.Warren Nutter, typescript reminiscences, 1975, box 80, William J. Baroody Papers, Manuscript Division, Library of Congress, Washington, DC.
4.Buchanan, Better than Plowing, 6–7, 8–9, 97, 100; James M. Buchanan, ed., Political Economy, 1957–1982: The G. Warren Nutter Lectures in Political Economy (Washington, DC: American Enterprise Institute for Public Policy Research, 1982), 4, 7, 11; John Kenneth Galbraith, American Capitalism: The Theory of Countervailing Power (Boston: Houghton Mifflin, 1952).
5.Kim Phillips-Fein, Invisible Hands: The Making of the Conservative Movement from the New Deal to Reagan (New York: W. W. Norton, 2009), 3–12, quote on 13; Guy Friddell, Colgate Darden: Conversations with Guy Friddell (Charlottesville: University Press of Virginia, 1978), 129–30.
6.Friddell, Colgate Darden, 57.
7.Ibid., 129. On right-wing businessmen more generally in these years, see Elizabeth Fones-Wolf, Selling Free Enterprise: The Business Assault on Labor and Liberalism, 1945–1960 (Urbana: University of Illinois Press, 1994).
8.For the classic history of legal realism, see Morton J. Horwitz, The Transformation of American Law, 1870–1960: The Crisis of Legal Orthodoxy (New York: Oxford University Press, 1992), quote on 197; see also, for the legal context of Brown, Horwitz’s The Warren Court and the Pursuit of Justice (New York: Hill & Wang, 1998).
9.For a small sample of a deep and rich literature, see Morton White, Social Thought in America: The Revolt Against Formalism (Boston: Beacon Press, 1947); Ellen Fitzpatrick, Endless Crusade: Women Social Scientists and Progressive Reform (New York: Oxford University Press, 1990); Daniel T. Rodgers, Atlantic Crossings: Social Politics in a Progressive Era (Cambridge, MA: Belknap Press of Harvard University Press, 1998); Genna Rae McNeil, Groundwork: Charles Hamilton Houston and the Struggle for Civil Rights (Philadelphia: University of Pennsylvania Press, 1983); Jonathan Scott Holloway, Confronting the Veil: Abram Harris, Jr., E. Franklin Frazier, and Ralph Bunche, 1919–1941 (Chapel Hill: University of North Carolina Press, 2002).
10.“Working Papers for Internal Discussion Only”; see also James M. Buchanan, “The Thomas Jefferson Center for Studies in Political Economy,” University of Virginia News Letter 35, no. 2 (October 15, 1958): 1, 6. The last three words in the center’s name (“and Social Philosophy”) were later dropped for brevity’s sake.
11.Buchanan, “Thomas Jefferson Center,” 7; Buchanan, Better than Plowing, 95.
12.Brian Doherty, Radicals for Capitalism: A Freewheeling History of the Modern Libertarian Movement (Philadelphia, PA: PublicAffairs, 2007), 182–83; Phillips-Fein, Invisible Hands, 42, 51; H. W. Luhnow to Colgate Darden [1957], record group 2/1/2.635, series 1, box 11, Office of the President, Papers of the President of the University of Virginia, Office Administrative Files, Manuscripts Division, Alderman Library, University of Virginia. On Volker’s earlier interest in UVA, T. Coleman Andrews to President Colgate W. Darden, February 4, 1952, box 3, T. Coleman Andrews Papers, Division of Special Collections, University of Oregon Libraries (hereafter cited as TCAP); also, Andrews to Darden, June 8, 1950, TCAP. The Volker Fund invested well: six of its early grantees went on to win the Nobel Prize in economics: F. A. Hayek, James Buchanan, Milton Friedman, Ronald Coase, Gary Becker, and George Stigler (Doherty, Radicals, 183).
13.Record group 2/1/2, Board of Visitors files for 1956, 1957, and 1958, Office of the President, Papers of the President of the University of Virginia, Office Administrative Files. On Smith, see Don Oberdorfer, “‘Judge’ Smith Rules with Deliberate Drag,” New York Times Magazine, January 12, 1964; and Bruce J. Dierenfield, Keeper of the Rules: Congressman Howard W. Smith of Virginia (Charlottesville: University of Virginia Press, 1987).
14.Record group 2/1/2, Board of Visitors files for 1956 and 1957, Office of the President, Papers of the President of the University of Virginia, Office Administrative Files.
15.On Garrett’s appointment, see J. Kenneth Morland, The Tragedy of Public Schools: Prince Edward County, Virginia, report for the Virginia Advisory Committee to the United States Commission on Civil Rights (Lynchburg, VA: unpublished report, 1964), 22. For Garrett’s testimony as the “backbone” of the state’s case, see Taylor Branch, Parting the Waters: America in the King Years, 1954–1963 (New York: Simon & Schuster, 1988), 484; and “Henry E. Garrett, Psychologist, Dies,” New York Times, June 28, 1973.
16.William R. Duren Jr. to Edgar F. Shannon Jr., June 29, 1962, box 9, Office of the President, Papers of the President of the University of Virginia.
17.Ronald L. Heinemann, Harry Byrd of Virginia (Charlottesville: University Press of Virginia, 1996), 246, 290, 454n63. I am grateful to James Hershman for alerting me to Byrd’s interest in Hayek. “Old Harry,” as some in Washington called him, also fought passage of every law that violated his conception of liberty, among them the progressive income tax; the Wagner Act, which empowered workers to join unions; the Tennessee Valley Authority, which supplied electricity to so much of the rural South; the Social Security Act, which provided old-age pensions; the Fair Labor Standards Act, which regulated working conditions; and the Fair Employment Practices Committee, which barred discrimination in wartime industries. Robert Caro, The Passage of Power (New York: Alfred A. Knopf, 2012), 466, 468–69.
18.“The idea has interesting possibilities altogether separate from segregation,” Chodorov suggested, and could bring welcome new “competition” to schooling; “All Men Are Created Equal” (editorial), The Freeman, June 14, 1954, 655–66. Kilpatrick had recommended Chodorov for editor, so it is possible that they discussed his ideas for private schooling; James Kilpatrick to Florence Norton, June 17, 1954, box 18, series B, JJKP. On Chodorov’s foundational role, see George H. Nash, The Conservative Intellectual Movement in America Since 1945 (1976; repr., Wilmington, DE: Intercollegiate Studies Institute, 1998), 22–25.
19.Robert LeFevre to Jack Kilpatrick, July 1, 1954, series B, box 31, JJKP; LeFevre to Kilpatrick, July 6, 1954, with attachment, series B, box 31, JJKP. LeFevre proved to be too extreme even for Kilpatrick, as their correspondence shows, but he became something of a guru among libertarians, not least among them Charles Koch.
20.Doherty, Radicals for Capitalism, 200, 203, 205; F. A. Hayek, “Postscript: Why I Am Not a Conservative,” The Constitution of Liberty (1960; repr., Chicago: Regnery, 1972); James M. Buchanan, Why I, Too, Am Not a Conservative: The Normative Vision of Classical Liberalism (Northampton, MA: Edward Elgar, 2005); Ralph Harris, Radical Reaction: Essays in Competition and Affluence (London: Institute of Economic Affairs, 1961).
21.Nash, Conservative Intellectual Movement, 15; “Regnery Publishing,” in America
n Conservatism: An Encyclopedia, ed. Bruce Frohnen, et al. (Wilmington, DE: ISI Books, 206), 722–23.
22.Henry Regnery to Kilpatrick, May 19, 1955, box 39, Henry Regnery Papers, Hoover Institution Archives, Stanford University.
23.Hilts, “Saga of James J. Kilpatrick,” 72; Henry Regnery to Kilpatrick, March 14, 1956, box 66, series B, JJKP; James Jackson Kilpatrick, The Sovereign States: Notes of a Citizen of Virginia (Chicago: Henry Regnery, 1957), 234–51. “When we published it,” Regnery gushed to Kilpatrick years later, “I was so convinced by the lucidity and persuasiveness of your argument that I fully expected to see the 14th Amendment repealed momentarily and the Doctrine of Interposition recognized by the Supreme Court. The fact that these things didn’t happen is merely an indication of how deeply we have allowed ourselves to be taken in by the lure of centralized power”; Regnery to Kilpatrick, April 17, 1972, box 39, Regnery Papers.
24.Kilpatrick called those comments “the greatest single boost the book has had”; Kilpatrick to Donald Davidson, April 29, 1957, box 8, Donald Grady Davidson Papers, Special Collections, Jean and Alexander Heard Library, Vanderbilt University, Nashville, TN. See also John Chamberlain, “The Duty to Interpose,” The Freeman, July 1957, 55. Henry Regnery solicited corporate subsidies to put Kilpatrick’s book in the “hands of every Governor, every U.S. Senator and every member of Congress”; Henry Regnery to Kilpatrick, January 10, 1957, box 39, Regnery Papers; Regnery to Roger Milliken, January 23, 1957, box 51, Regnery Papers.
25.Ivan R. Bierly to Jack Kilpatrick, July 8, 1959, box 26, series B, JJKP; Bierly to Kilpatrick, October 2, 1959, box 26, series B, JJKP; David Greenberg, “The Idea of ‘the Liberal Media’ and Its Roots in the Civil Rights Movement,” The Sixties 2, no. 1 (Winter 2008–2009). On the plan by segregationist editors to fight what today would be called “the liberal media,” see Gene Roberts and Hank Klibanoff, The Race Beat: The Press, the Civil Rights Struggle, and the Awakening of a Nation (New York: Alfred A. Knopf, 2006), 214–20. For interest from the Volker Fund in helping, see Bierly to Kilpatrick, October 2, 1959, box 4, series B, JJKP.
26.For an overview, see Robert Griffith, “Dwight D. Eisenhower and the Corporate Commonwealth,” American Historical Review 87 (February 1982): 87–122, quote on 102. For the wider right’s anger at Eisenhower, see Nash, Conservative Intellectual Movement; and Rick Perlstein, Before the Storm: Barry Goldwater and the Unmaking of the American Consensus (New York: Hill & Wang, 2001).
27.Francis Crafts Williams to Kilpatrick, [nd. but 1956], box 55, series B JJKP.
28.T. Coleman Andrews to Leonard E. Reed, January 30, 1956, box 4, TCAP; Andrews to Harry F. Byrd, December 5, 1947, box 2, TCAP; Andrews to Byrd, October 10, 1950, box 18, TCAP; Andrews to Byrd, May 16, 1952, TCAP; Andrews to Byrd, July 17, 1952, TCAP; Andrews to Byrd, July 27, 1952, TCAP.
29.“Andrews Files for President,” Washington Post, September 18, 1956, 24; “Andrews Says Fight Is Against Socialism,” Washington Post, October 28, 1958, B5.
30.“Tax Rebellion Leader: Thomas Coleman Andrews,” New York Times, October 16, 1956, 26; “Why the Income Tax Is Bad: Exclusive Interview with T. Coleman Andrews,” U.S. News & World Report, May 25, 1956. Andrews’s revolt against the Democratic Party had begun with anger over FDR’s support of labor and corporate regulation and his involvement in Europe’s “troubles”; Harry F. Byrd to T. Coleman Andrews, July 2, 1935, box 2, TCAP; Andrews to Byrd, October 13, 1939, TCAP.
31.J. Addison Hagan to Harry F. Byrd, October 18, 1956, box 2, TCAP; Numan V. Bartley, The Rise of Massive Resistance: Race and Politics During the 1950s (1969; repr., Baton Rouge: Louisiana State University Press, 1997), 161–65; Joseph Crespino, In Search of Another Country: Mississippi and the Conservative Counterrevolution (Princeton, NJ: Princeton University Press, 2007).
32.Jonathan M. Schoenwald, A Time for Choosing: The Rise of Modern American Conservatism (New York: Oxford University Press, 2002), 65, 68; Claire Conner, Wrapped in the Flag: A Personal History of America’s Radical Right (Boston: Beacon Press, 2013), 26–27. For others’ backing, see Doherty, Radicals, 179, 258; T. Coleman Andrews to Leonard E. Reed, November 23, 1956, box 4, TCAP; Perlstein, Before the Storm, 10–12; Bartley, Rise of Massive Resistance, 149, 163.
33.For his opposition to “every extension of socialistic philosophy” as Richmond chamber president, see text of his testimony in box 5, TCAP. Statewide, he got 6 percent of the vote, doing better in Virginia than anywhere else in the nation.
34.Roberts and Klibanoff, The Race Beat, 159–65; editorial, Richmond News Leader, September 12, 1957, 12.
35.Roberts and Klibanoff, The Race Beat, 151, 158, 171.
36.Ibid., 172, 175–80; Bartley, Rise of Massive Resistance, 266.
37.James Jackson Kilpatrick, “Right and Power in Arkansas,” National Review, September 28, 1957, 273–75.
38.“The Lie to Mr. Eisenhower” (editorial), National Review, October 5, 1957, 292–93; “The Court Views Its Handiwork” (editorial), National Review, September 21, 1957, 244. Government “weeps over the civil rights of certain minorities,” concurred industrialist E. F. Hutton in the leading libertarian journal, “but punishes no one when labor union monopolies” cause disruptions; E. F. Hutton, “Contempt for Law,” The Freeman, April 1957, 20. For Faubus’s action as issuing from Kilpatrick’s theory, see Garrett Epps, “The Littlest Rebel: James J. Kilpatrick and the Second Civil War,” Constitutional Commentary 10 (1993): 26–27; and Benjamin Muse, Virginia’s Massive Resistance (Bloomington: Indiana University Press, 1961), 172.
39.“Bayonets and the Law” (editorial), National Review, October 12, 1957, 316–17.
40.James M. Buchanan to Frank H. Knight, October 24, 1957, box 3, Frank Hyneman Knight Papers, Special Collections Research Center, University of Chicago Library.
41.Breit, “Creating the ‘Virginia School,’” 645–47, 652; Richard E. Wagner, speech at memorial program for James Buchanan, September 29, 2013, George Mason University, Fairfax, VA. For one of the many references to the “boys,” see Buchanan to Gordon Tullock, July 19, 1965, BHA.
42.Buchanan, Better than Plowing, 97.
43.Breit, “Creating the ‘Virginia School,’” 645–47, 652; James M. Buchanan to David Tennant Bryan, May 18, 1970, BHA.
44.Breit, “Creating the ‘Virginia School’”; Carl Noller to James Buchanan, March 16, 1971, BHA.
45.“Everyday Hero,” Mason Gazette, June 16, 2005; Fabio Padavano, remarks at Buchanan memorial conference; Betty Tillman to Gordon Tullock, July 12, 1965, box 95, Gordon Tullock Papers, Hoover Institution Archives, Stanford University.
46.Alexander S. Leidholdt, “Showdown on Mr. Jefferson’s Lawn: Contesting Jim Crow During the University of Virginia’s Protodesegregation,” Virginia Magazine of History and Biography 122 (2014): 236, 237.
47.Ibid., 241, 256.
48.Friedrich A. Hayek to James Buchanan, November 15, 1957, and March 8, 1958, box 72, Friedrich A. von Hayek Papers, 1906–1992, Hoover Institution Archives; H. W. Luhnow to Hayek, December 7, 1956, box 58, ibid.
49.William J. Baroody Jr., foreword to James M. Buchanan, ed., Political Economy, 1957–1982: The G. Warren Nutter Lectures in Political Economy (Washington, DC: American Enterprise Institute for Public Policy Research, 1982).
50.Indeed, the National Right to Work Committee, founded in 1954, suffered immediate embarrassment in the mainstream national press for being run by a southern CEO who was, in the words of one legal historian, “fresh from a bitter but successful fight against unionization”; Sophia Z. Lee, The Workplace Constitution, from the New Deal to the New Right (New York: Cambridge University Press, 2014), 123.
51.Philip D. Bradley, ed., The Public Stake in Union Power (Charlottesville: University of Virginia Press, 1959), quote on 168; Friedrich A. Hayek to James Buchanan, November 15, 1957, and March 8, 1958, box 72, Hayek Papers; H. W. Luhnow to
Hayek, December 7, 1956, box 58, ibid. The Austrian summarized Hutt’s case as showing that when federal legislation and union power managed to “win for some groups of workers higher compensation than they would have collected on an unhampered market, they victimize other groups.” The right way to reduce unemployment and lift wages was “the progressive accumulation of capital”; Ludwig von Mises, preface to The Theory of Collective Bargaining, by W. H. Hutt (Glencoe, IL: Free Press, 1954), 9–10; Lawrence Fertig to James M. Buchanan, August [1961], BHA. On Relm Foundation and Lilly Endowment subsidies, see H. W. Hutt to Henry Regnery, January 3, 1962, box 33, Regnery Papers; Regnery to Hutt, December 26, 1962, Regnery Papers; and Warren Nutter to James Buchanan, May 6, 1965, BHA.
52.James M. Buchanan, lecture notes, Introductory Economics, Spring 1959, BHA. The notion of union monopoly was another of the Mont Pelerin Society’s departures from classical liberalism. Some of its thinkers averred that early free-market economists such as Adam Smith were wrong to worry so much about corporate monopoly; that came about only when government meddled. For workers to join together in collective organizations enabled by law, they said, was the real danger. See Yves Steiner, “The Neoliberals Confront the Trade Unions,” in The Road from Mont Pelerin: The Making of the Neoliberal Thought Collective, eds. Philip Mirowski and Dieter Plehwe (Cambridge, MA: Harvard University Press, 2009), 181–203.
53.James Buchanan to Gordon Tullock, June 13, 1965, BHA; Roger Koppl, ed., Money and Markets: Essays in Honor of Leland B. Yeager (New York: Routledge, 2006), 38. There is extensive correspondence with donors in the Buchanan House Archives, George Mason University.
CHAPTER 4: LETTING THE CHIPS FALL WHERE THEY MAY
1.For the premier published account of the moderates’ mobilization to save the schools, see Hershman Jr., “Massive Resistance Meets Its Match,” in The Moderates’ Dilemma. For a fuller account, with notable resonance for today, see, also by Hershman Jr., “A Rumbling in the Museum.” On the pivotal role of southern white moderates more broadly, see David L. Chappell, Inside Agitators: White Southerners in the Civil Rights Movement (Baltimore: Johns Hopkins University Press, 1994).
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