Live at the National Constitution Center

The Constitutional Legacy of Justice Robert Jackson

Dec 23, 2025
G. Edward White, a constitutional scholar and biographer of Robert H. Jackson, joins John Q. Barrett, a legal historian who edited Jackson's work, and Gerard Magliocca, an expert on Jackson's Steel Seizure concurrence. They dive into Jackson's influential views on presidential power and separation of powers. The discussion highlights how Jackson's experiences at Nuremberg affected his judicial philosophy and his impactful opinions on free speech. Their insights reveal Jackson's enduring legacy and relevance in today's legal landscape.
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ANECDOTE

Frankfurter's Bid To Control Jackson's Story

  • Felix Frankfurter tried to control Jackson's posthumous reputation by commissioning a competing biographer and securing exclusive access to Jackson's papers.
  • That exclusive control delayed broader scholarly work until the papers moved to the Library of Congress.
ANECDOTE

That Man: Jackson's Roosevelt Portrait

  • John Q. Barrett discovered and edited Jackson's unpublished manuscript That Man, a vivid personal portrait of Franklin D. Roosevelt.
  • The manuscript reveals Jackson's accessible, autobiographical voice and his statesmanlike perspective beyond the bench.
INSIGHT

Three Tiers Of Presidential Power

  • Jackson's three-category framework organizes presidential power relative to Congress and is widely usable across separation-of-powers disputes.
  • The concurrence blends practical experience, precedent, and broader reflections on emergency and military power to guide courts and policymakers.
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