the Illinois Constitutional Convention during 1869 and 1870. As a lawyer, Browning specialized in cases involving the Midwestern railroad system. Browning died August 10, 1881, in Quincy, Illinois. BRYAN TREATIES Beginning in 1913, U.S. SECRETARY OF STATE WILLIAM JENNINGS BRYAN negotiated a number of bilateral treaties for the “Advancement of Peace.” The basic aim of these bilateral treaties was to prevent war by interjecting a conciliation process into a dispu te between parties to the treaty. Each signatory nominated two members, one a national and one a foreign citizen, to a permanent commission. These four would then choose a fifth member who could not be a national of either state. The commission would review the underlying facts to the dispute and issue a report on the controversy within one year. Until the report was issued the parties agreed to refrain from resorting to hostilities. It was hoped that this process and the inherent delay in issuing a report would lessen tension and preclude resort to armed force to settle the dispute, although each was free to do so after the report was issued. Eventually forty-eight of these treaties were concluded, but few disputes were ever submitted to any of the commissions. v BRYAN, WILLIAM JENNINGS William Jennings Bryan was a prominent figure in U.S. politics during the late nineteenth and early twentieth centuries, and is perhaps best known for his role as assistant to the prosecution in the famous SCOPES MONKEY TRIAL of 1925. Bryan was born March 19, 1860, in Salem, Illinois. His w as a devoutly religious family that prayed together three times a day and stressed strict adherence to a literal interpretation of the Bible. His parents, Silas Lilliard Bryan and Mariah Elizabeth Jennings Bryan, were firm believers in education. His mother schooled Bryan and his siblings in their home until they were old enough to be sent away to school. Bryan was an obedient and well disciplined child who was also idealistic. His favorite subject was math because of its order ly reason and logic. He showed early interest in politics and public speaking, and at the age of twelve delivered a campaign speech for his father, who ran unsuccessfully for Congress. It was the beginning of a distinguished career as an orator for Bryan. In 1875 Bryan was sent to live in Jackson- ville, Illinois, to attend the Whipple Academy and Illinois College. During college, he partici- pated in debate and declamation and excelled at long jumping. He graduated from college in 1881 and went on to Union College of Law, in Chicago. In 1883 he returned to Jacksonville and on July 4 opened a law practice. He married his sweetheart of five years, Mary Elizabeth Baird, on October 1, 1884. Bryan’s young wife proved to be an intellectual match for her husband. After the couple settled in Jackson- ville, she took classes at Illinois College, a practice unheard of for a married woman at the time. She later studied law under Bryan’s instruction, and was admitted to the bar in Nebraska in 1888. Bryan had always yearned to go west, to test himself against the frontier. In 1887 he and his wife moved to Lincoln, Nebraska, where he entered a law partnership with a friend. The Bryans became active in civic affairs, and started separate discussion groups for men and women where the subject was often politics. Bryan also began lecturing on religious topics. In 1890, he succumbed to his interest in politics and entered his first campaign for public office. He was the Democratic candidate for Congress from a staunchly Repub lican district in Nebraska, but he won the election by a comfortable margin and was reelected in 1892. He made a bid for the Senate in 1894 but was defeated. He then turned to journalism and became editor in chief of the Omaha World-Herald. By this time, he had developed a reputation as a compelling speaker and was in demand for the popular Chautauqua lecture circuit. (The Chautauqua movement combined education with entertainment, often offered outdoors or in a tent; it took its name from the Chautauqua Lake region in New York, where it originated.) During his campaign for the Senate, Bryan took up the free silver cause, a political movement that advocated the free coinage of silver. Free silver advocates, mainly indebted farmers in the West and South, wanted the government to issue more money, backed by silver, to ease the debts they were unable to repay because of declining farm prices. The money interests in the East favored sound money and the gold standard. These opposing THE HUMBLEST CITI- ZEN OF ALL THE LAND , WHEN CLAD IN THE ARMOR OF A RIGH- TEOUS CAUSE , IS STRONGER THAN ALL THE HOSTS OF ERROR. —WILLIAM JENNINGS BRYAN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 158 BRYAN TREATIES forces clashed in the 1896 presidential cam- paign. Bryan emerged as the nominee of four parties: the Democratic, Populist, Silver Repub- lican, and National Silver parties. At the Democratic National Convention in Chicago, he made his famous “Cross of Gold” speech, in which he cast himself as a champion of the common person against the forces of the powerful and privileged. He passionately declared that those he referred to as the idle holders of money in Wall Street were responsi- ble for the United States’ financial woes. Bryan campaigned tirelessly, traveling over eighteen thousand miles to deliver his electrify- ing speeches. In the end, he lost to WILLIAM MCKINLEY by less than five percent of the popular vote. But the foundation had been laid for his lifelong themes: the people versus the power of wealth, the workers versus the powerful money holders, the farmers versus the industrial inter- ests. These themes echoed throughout his later attempts to win the presidency. After serving as a colonel in a noncombat position during the SPANISH-AMERICAN WAR, Bryan ran for president again in 1900, this time on an anti-expansion theme that was rejected by voters. By 1904 he was falling out of favor with Democrats. He waged a long and exhausting fight to be nominated for president that year, but in the end was content that he had at least influenced the party platform enough so that it included nothing he found objectionable. Then the party nominated Alton B. Parker, who promptly announced that he was in favor of a gold standard. Parker lost the election to THEODORE ROOSEVELT. Bryan was bruised by the party’s renunciation of his free silver position, but he rebounded and was nominated for president a third time, in 1908 . He ran a strong campaign but lost to WILLIAM HOWARD TAFT. After the 1908 election, Bryan realized he would never be president. Neverthess, he continued to influence DEMOCRATIC PARTY poli- cies, and in 1912 he supported Woodrow Wilson’s candidacy for president. After Wilson was elected, he selected Bryan as his SECRETARY OF STATE , a position Bryan resigned after two years when his pacifist ideas conflicted with Wilson’s policies on U.S. involvement in WORLD William Jennings Bryan. LIBRARY OF CONGRESS ▼▼ ▼▼ 1875 William Jennings Bryan 1860–1925 1850 1900 1925 1950 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1860 Born, Salem, Ill. 1861–65 U.S. Civil War 1881 Graduated from Illinois College 1887 Moved to Lincoln, Nebr. 1890 Elected to U.S. House of Representatives 1896 First ran for president; lost to Republican William McKinley 1898 Spanish- American War 1908 Ran for president a third time; lost to William Howard Taft 1914–18 World War I 1925 Joined Scopes trial prosecution; died, Tennessee 1920 Volstead Act enforced Prohibition 1919 19th Amendment granted women the right to vote 1912–14 Served as secretary of state under President Wilson 1939–45 World War II GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BRYAN, WILLIAM JENNINGS 159 WAR I. After Bryan left the cabinet, his political influence declined rapidly. During his later years Bryan continued his work in the newspaper business and was a popular lecturer on the Chautauqua circuit. He helped gain passage of the EIGHTEENTH AMENDMENT , which ushered in PROHIBITION, and helped the suffragette movement win the vote for women with passage of the NINETEENTH AMENDMENT . During the last few years of his life, Bryan wrote numerous articles on religious topics. He felt that World War I was at least partly caused by a pervasive “godlessness” sweeping the world. To Bryan, this godlessness was nowhere more clearly reflected than in Darwin’s theory of the evolution of the species. Bryan traveled around the United States preaching a literal interpretation of the Bible and campaigning for laws that banned the teaching of evolution. One such law, passed in Tennessee, prohibited teachers in state-supported schools and universities from teaching any theory of the origin of human life other than the creation story contained in the Bible. In 1925 a science teacher named John Thomas Scopes violated the law and was brought to trial. Hoping for publicity, the state asked Bryan to join the prosecution. He agreed, and found himself facing CLARENCE DARROW, a famous defense attorney who was a self-proclaimed atheist, an opponent of CAPITAL PUNISHMENT, and a defender of unpopular causes. The trial quickly took on the air of a circus, with reporters and photographers from all over the world and the first live radio coverage of such an event broadcast by WGN in Chicago. The media cast the proceeding as a contest between science and the Bible. The defense tried to frame the issue as tolerance for new ideas. Ultimately, however, the prosecution persuaded the judge to confine the case to a question of the state’s right to control public education. Sensing that he was losing control of the trial, Darrow decided to try to unravel the state’s case by calling Bryan as a witness. He intended to lead Bryan away from the prosecu- tion’s carefully framed issue into a defense of fundamental biblical interpretation. Bryan, whose trial experience had been limited, and who was feeling tired and ill, fell into Darrow’s trap and was ridiculed and humiliated by the flamboyant attorney ’s searing and skillful ques- tions. After Bryan’s TESTIMONY, the trial was abruptly ended, depriving Bryan of the oppor- tunity to answer Darr ow’s stinging offense. Nevertheless, the jury deliberated a mere eight minutes before returning a guilty verdict. The Scopes trial was a victory for Bryan and his supporters, but he had been devastated by Darrow. He stayed in Tennessee to finalize and print the speech he had planned to use in CLOSING ARGUMENT before the court. Five days after the trial ended, on July 26, 1925, while still in Tennessee, Bryan died in his sleep. As a train bearing his body passed through the country- side on its way to Washington, D.C., thousands of the “common people” Bryan had cham- pioned gathered to pay their respects. The nation’s capital was in official mourning as Bryan lay in state. At his request, he was buried with full military honors at Arlington National Cemetery, an ironic footnote to the life of a fervent pacifist. Although Bryan never won the country’s top office, he exerted a strong influence du ring his long career in public service. Many of the reforms he advocated were eventually adopted, such as INCOME TAX, prohibition, women’s SUFFRAGE, public disclosure of newspaper own- ership, and the election of Senators by popular rather than electoral vote. Although he is most often associated with the Scopes trial, his diligent devotion to the causes in which he believed is his most significant legacy. FURTHER READINGS Anderson, David D. 1981. William Jennings Bryan. Boston: Twayne. Cherny, Robert W. 1994. A Righteous Cause: The Life of William Jennings Bryan. Norman: Univ. of Oklahoma Press. Koenig, Louis W. 1971. Bryan: A Political Biography of William Jennings Bryan. New York: Putnam. CROSS REFERENCE Scopes Monkey Trial. v BRYANT, WILLIAM BENSON William Benson Bryant was a federal judge whose decisions influenced the outcomes of several famous legal battles of the 1970s. Bryant was born September 18, 1911, in Wetumpka, Alabama. He moved to Washing- ton, D.C., with his family when he was a child and attended District of Columbia public schools. He graduated from Howard University with a bachelor of arts degree in 1932, and went GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 160 BRYANT, WILLIAM BENSON on to earn his bachelor of laws degree from Howard University Law School in 1936. After law school, Bryant worked for the Works Progress Administration (WPA) and la ter for the Bureau of Intelligence at the Office of War Information. He joined the U.S. Army in 1943, and attained the rank of lieutenant colonel before his discharge in 1947. Bryant started a law practice in Washington, D.C., in 1948. He left private practice to be come an assistant in the office of the U.S. attorney for the District of Columbia from 1951 to 1954. After resigning that post, he joined the law firm of Houston, Bryant, and Gardner, in Washington, D.C., where he worked from 1954 to 1965. As a criminal defense attorney, Bryant argued and won the Supreme Court case of Mallory v. United States, 354U.S.449,77S.Ct. 1356 (1957). Following Mallory, police could no longer use confessions of criminal defendants that were secured during long and unnecessary delays between arrest and ARRAIGNMENT. Bryant became a law professor at Howard University in 1965, the same year President LYNDON B. JOHNSON appointed him to the federal bench. With his appointment, Bryant became the first Afric an American to serve as a judge at the federal district court level. During his tenure on the bench, Bryant presided over several high-profile trials. In May 1972 he overturned the election of W. A. (“Tony”) Boyle as president of the United Mine Workers (Hodgson v. United Mine Workers of America, 344 F. Supp. 17 [D.D.C.]). Boyle’s election was challenged by supporters of his opponent, Joseph A. Yablonski, who had been found murdered along with his wife and daughter three weeks after he lost the 1969 election to Boyle. Bryant found sufficient evi- dence of wrongdoing by Boyle and his supporters to nullify the election. He ordered the union to hold another election, to be conducted under court supervision. Boyle was subsequently defeated by Arnold Miller, a Yablonski supporter, and in 1974, was convicted of MURDER for having ordered Yablonski’s killing. Bryant also made several key decisions regarding participants in the scandals that devastated the administration of President RICHARD M. NIXON. In April 1974 he sentenced Herbert L. Porter, a former aide in Nixon’s reelection campaign, to 15 months in prison for lying to the FEDERAL BUREAU OF INVESTIGATION (FBI) during its investigation of the WATERGATE break-in and subsequent cover-up. In Novem- ber 1974, he ordered White House counsel Philip W. Bucher to produce audiotapes of Oval William B. Bryant. COURTESY OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ▼▼ ▼▼ William Benson Bryant 1911–2005 1905 1950 1975 2000 1925 ❖ ◆ ◆ ◆◆ ◆◆ ◆◆ ◆◆◆ ◆ 1911 Born, Wetumpka, Ala. 1914–18 World War I 1936 Graduated from Howard University Law School 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1943 Joined U.S. Army 1948 Started private law practice in Washington, D.C. 1951 Became assistant in the office of U.S. Attorney for the District of Columbia 1957 Argued Mallory v. United States before U.S. Supreme Court 1954 Returned to private practice 1965 Joined Howard Law School faculty; appointed to U.S. District Court for the District of Columbia 1974 Sentenced Herbert Porter, former Nixon aide, to 15 months for lying to the FBI 1989 Upheld ruling in favor of INSLAW in Inslaw, Inc. v. United States 1982 Assumed senior status 1995 Placed Washington, D.C. jail health services in receivership 2003 Issued ruling ending District Court’s 32-year oversight of the D.C. jail 2005 William B. Bryant Courthouse Annex opened to public; died, Washington, D.C. ❖ I DO NOT BELIEVE THAT TESTING VIRTUE IS A FUNCTION OF LAW ENFORCEMENT IF, AFTER AN ILLEGAL OFFER IS MADE , THE SUBJECT REJECTS IT THE GOVERNMENT CANNOT PRESS ON . —WILLIAM BENSON BRYANT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BRYANT, WILLIAM BENSON 161 Office meetings that took place May 1–5, 1971. The order was part of a CLASS ACTION suit brought against the U.S. government on be- half of eight hundred antiwar protesters. The plaintiffs alleged that government officials violated their civil liberties and suspended due process when they ordered the arrest of nearly 12,000 protesters who marched on the White House on May 1. Most of the arrests in the so- called Mayday Rally were later found to be unlawful. In 1982, after a long and distinguished career on the federal bench, Bryant attained the rank of senior judge. One of his best-known decisions since then was his 1989 ruling upholding a federal BANKRUPTCY judge’s decision in a case involving the U.S. JUSTICE DEPARTMENT. The case centered on INSLAW, a software company that had contracted with the depart- ment to provide a case-management software program. INSLAW claimed that the department was using the software even though it had not paid for it—a situation that had forced the company into bankruptcy. A federal bankruptcy judge agreed and ordered the Justice Depart- ment to pay INSLAW $8 million in damages. Bryant upheld this ruling on APPEAL; the ruling was also upheld by higher courts (although the Justice Department did get the $8 million judgment set aside). In the 2000s Bryant continued to preside over noteworthy cases. In March 2003 he issued a ruling that ended the U.S. District Court’s 32-year oversight of the D.C. jail. Overcrowd- ing, building safety issues, and problems with the quality of medical services for inmates led to the filing of two cases that compelled the court to assume oversight in the 1970s: Campbell v. McGruder, 416 F.Supp. 106 (D.D.C., Nov. 5, 1975) (No. CIV. 1462-71; 2) and Inmates of D.C. Jail v. Jackson, 416 F.Supp. 119 (D.D.C. May 24, 1976) (No. CIV. 75-1668). The D.C. Department of Corrections worked to reverse problems at the jail by launching comprehen- sive programs to improve environmental and safety conditions and raise the standards of medical and mental health care services. By 2002 conditions at the jail had improved significantly, and its medical and psychiatric services had achieved national accreditation. Bryant’s ruling, noted D.C. mayor Anthony Williams, was proof that the jail had passed “the toughest muster of the federal court system.” In 2004 Bryant’s fellow judges unanimously recommended that the nine-courtroom annex to the federal courthouse, then under construc- tion, be named after him, despite a D.C. policy against naming buildings after people who are still alive. The William B. Bryant Courthouse Annex opened to the public in October 2005. Though he had to use a walker in his last years, Bryant continued to drive himself to work at the courthouse, where he joked that he felt like part of the woodwork because he had been there so long. He continued to work until only a week before his death at age 94, on November 14, 2005. The previous year, Bryant had heard more cases than any other judge in the district court. FURTHER READINGS Ploski, Harry A., and James Williams, eds. 1989. The Negro Almanac. Detroit: Gale Research. Spradling, Mary M., ed. 1980. In Black and White. Detroit: Gale Research. Weisberg, Jacob. 1990. “Computer Trouble: Another Fine Meese Mess.” New Republic (September 10). v BRYCE, JAMES James Bryce, also known as the Viscount Bryce of Dechmont, was born May 10, 1838, in ▼▼ ▼▼ 18501850 James Bryce 1838–1922 18251825 18751875 19001900 19251925 ❖ ❖ ◆ ◆ 1838 Born, Belfast, Ireland 1862 Received B.A. from Oxford University 1861–65 U.S. Civil War 1867 Admitted to the English bar 1870–93 Held a professorship in civil law at Oxford 1886 Served as undersecretary of foreign affairs 1880–1907 Served as member of Parliament 1888 American Commonwealth published 1905–06 Served as chief secretary of Ireland 1913 Participated in Hague Tribunal 1919 League of Nations formed ◆ ◆ 1907–13 Served as ambassador to the United States 1922 Died, Sidmouth, Devonshire, England 1921 Modern Democracies published ◆◆ ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 162 BRYCE, JAMES Belfast, Ireland. He attended Glasgow and Heidelberg Universities and received a bachelor of arts degree from Oxford University in 1862. After his ADMISSION TO THE BAR in 1867, Bryce practiced law for the next fifteen years. He accepted a professorship at Oxford in 1870, where he taught CIVIL LAW until 1893. Bryce entered Parliament in 1880 and remained a member until 1907. During this time, he also performed diplomatic duties— serving as undersecretary of foreign affairs in 1886 and chief secretary for Ireland from 1905 to 1906. From 1907 to 1913, he acted as ambassador to the United States. In 1913 Bryce participated at the HAGUE TRIBUNAL , the in ternational court of ARBITRATION established in the Netherlands. After WORLD WAR I , he was active in the formation of the LEAGUE OF NATIONS . Bryce gained fame for his numerous pub- lications, including The Holy Roman Empire: The American Commonwealth, which was pub- lished in 1888 and was an important work concerning American government; and Modern Democracies, published in 1921. He died January 22, 1922, in Sidmouth, Devonshire, England. v BUCHANAN, JAMES James Buchanan achieved prominence as a statesman and as the fifteenth PRESIDENT OF THE UNITED STATES . Buchanan was born April 23, 1791, near Mercersburg, Pennsylvania. A graduate of Dickinson College in 1809, Buchanan was admitted to the Pennsylvania bar in 1812 before serving a tour of duty in the MILITIA during the WAR OF 1812. After the war, he entered politics and joined the Pennsylvania House of Repre- sentatives in 1814. In 1821 Buchanan began his career in federal politics, representing Pennsylvania in the U.S. House of Representatives until 1831. Later that year, he extended his interes ts to the field of foreign service and performed the duties of U.S. minister to Russia for a two-year period. He returned to Congress in 1834 and repre- sented Pennsylvania in the U.S. Senate for the next eleven years. From 1845 to 1849, he served as U.S. SECRETARY OF STATE and reentered foreign service in 1853 as U.S. minister to Great Britain until 1856. ▼▼ ▼▼ 18001800 James Buchanan 1791–1868 17751775 18251825 18501850 18751875 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ ◆ ◆ 1791 Born, near Mercersburg, Pa. 1809 Graduated from Dickinson College 1812–14 Served in War of 1812 1814 Elected to Pa. House of Representatives 1821 Elected to U.S. House of Representatives 1834 Elected to U.S. Senate 1845 Became secretary of state under President James Polk 1853–56 Served as U.S. minister to Great Britain 1856 Elected president of the United States with strong Southern support 1868 Died, Lancaster, Pa. 1865 Lincoln assassinated 1861–65 U.S Civil War 1861 Retired from politics; Abraham Lincoln became the next president WHAT IS RIGHT AND WHAT IS PRACTICABLE ARE TWO DIFFERENT THINGS . —JAMES BUCHANAN James Buchanan. LIBRARY OF CONGRESS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BUCHANAN, JAMES 163 Buchanan became unpopular in 1854 with his involvement in the creation of the Ostend Manifesto, which provided for the purchase by the United States of Cuba from Spain; if Spain refused to sell, the manifesto gave the United States the right to seize the country forcibly. Cuba would then become a slave state, which was viewed favorably by Southerners, but which met with vehement opposition by abolitionists. The manifesto was eventually rejected by the U.S. DEPARTMENT OF STATE. As a presidential candidate in 1856, Bucha- nan adopted a moderate attitude toward SLAVERY and worked to establish a balance between the proslavery forces and the abolitionists. He believed that slavery was immoral, but that the Constitution provided for the protection of the practice in areas where it already existed. New states, he believed, should have the right to choose whether to be free or slave. He won great support from the South, and after his election Buchanan unsuccessfully attempted to reconcile the strife between the warring factions. He again advocated the acquisition of Cuba and favored the admission of Kansas as a slav e state, which earned him disfavor with the northern free states. The strife between North and South continued, and Buchanan was unable to prevent the SECESSION of South Carolina that led to the outbreak of the Civil War. He opposed secession but believed that he did no t possess the power to compel states to remain faithful to the Union. When ABRAHAM LINCOLN succeeded Buchanan as presi- dent in 1861 the country was ready for ci vil war. Buchanan retired to Pennsylvania where he died June 1, 1868, in Lancaster. v BUCHANAN, PATRICK JOSEPH Political commentator, White House appointee, and presidential candidate PATRICK JOSEPH BUCHA- NAN is a leader of far-right conservatism. From modest beginnings as a journalist in the early 1960s, Buchanan became an influential voice in the REPUBLICAN PARTY. He served in a public relations capacity under three presidents— Richard M. Nixon, GERALD R. FORD, and Ronald Reagan—before running for president himself in 1992. His hard-line positions on ABORTION, IMMIGRATION, and foreign aid, as well as his battle cry for waging a “cultural war” in the United States, failed to wrest the nomination from George H. W. Bush. Buchanan tried for the presidency twice more, in 1996 and 2000, but again failed to gain the support of his party. Often the subject of controversy for his writings and speeches, Buchanan is the founder of a political organization called the American Cause, whose slogan is America First. Born November 2, 1938, in the nation’s capital, Buchanan was the third of nine children of William Baldwin Buchanan and Catherine E. Crum Buchanan. He grew up under the shaping influences of Catholicism and conservatism, both the hallmarks of his father, a certified public ACCOUNTANT. Buchanan’s brilliance at the Jesuit Gonzaga College High School earned him the honor of class valedictorian and a scholar- ship to Georgetown University. In his senior Patrick Joseph Buchanan 1938– ▼▼ ▼▼ 1930 2000 1975 1950 ❖ ◆ ◆◆ ◆ ◆ ◆ ◆ ◆◆ ◆ ◆ 1938 Born, Washington, D.C. 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1961 Graduated from Georgetown University 1962 Began writing for St. Louis Globe Dispatch 1969–73 Served as special assistant to President Nixon 1975 Became syndicated columnist for New York Times 1978 Joined Chicago Tribune News Service as syndicated columnist 1982–85 Served as panelist on CNN's Crossfire and PBS's McLaughlin Group 1988 Published autobiography, Right from the Beginning; rejoined McLaughlin Group 2002 Co-founded and edited American Conservative magazine 2008 Churchill, Hitler, and the Unnecessary War published 2000 Ran for president as candidate of national Reform Party 1996–99 Co-host, CNN's Crossfire 1992 Unsuccessfully challenged President Bush for Republican nomination, gave keynote speech at national convention 1996 Unsuccessfully challenged Senator Robert Dole for Republican presidential nomination 2000 Presidential election result uncertain due to disputed Florida vote count; recount halted by U.S. Supreme Court with 5–4 vote in Bush v. Gore GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 164 BUCHANAN, PATRICK JOSEPH year of college, the English and philosophy major was already developing the sharp, confrontational style that would mark his professional life. He broke his hand scuffling with police officers over a traffic incident and was suspended from Georgetown for a year. He nonetheless finished third in his class in 1961. He received a master’s degree in journalism from Columbia Univ ersity in 1962. Like other conservative politicians of his generation, notably Senator JESSE HELMS (R-NC) and President Reagan, Buchanan began with a career in the media, which led into politics. He spent three years writing conservative editorials for the St. Louis Globe-Democrat before being introduced to Nixon at a dinner party. Nixon soon hired the 28-year-old Buchanan as an assistant in his law firm. Buchanan wrote speeches for Nixon’s 1968 presidential campaign, worked as his press secretary, urged him to choose Spiro T. Agnew as a running mate, and, after the election, became his special assistant. This last position involved reporting on what the news media said about the administration. It was an increasingly thankless job. Buchanan believed that bad news about the VIETNAM WAR,youth PROTEST,andtheWATERGATE scandal was the work of a biased liberal media. He fought back and is widely thought to have written Vice President Agnew’s famous antipress speech in 1969 attack- ing the “small and unelected elite” whose opinions were critical of the president. Buchanan escaped the taint that brought down Nixon, in part because he refused to help Nixon aides in their so-called dirty tricks campaign. Buchanan declined to smear Daniel Ellsberg—the former defense analyst who leaked the classified documents known as the Pentagon Papers to the New York Times, and whose psychiatrist’s office Nixon aides broke into, helping to set in motion the Watergate scandal. In fact, Buchanan later strongly defended the president and denounced the conspirators at U.S. Senate hearings. This TESTIMONY saved his career: He was seen as loyal and, more important, as evidently knowing little about the vast exte nt of the administration’s illegalities. Unlike other Nixon insiders, he did not need to rehabilitate his reputation after Nixon left office. He rem ained in the White House under President Ford until 1975. Between 1975 and 1985, Buchanan estab- lished a national reputation. He wrote a syndicated column that criticized liberals, gays, feminists, and particularly the administration of President JIMMY CARTER. He also made forays into radio and television BROADCASTING, found- ing what would later become the political debate program Crossfire on the Cable News Network (CNN). He rarely pulled punches; liberals and even some conservatives regarded him as a reactionary, but he won an audience with his appeals to traditional values. Although he was earning a reported annual income of $400,000 for his writing and work in radio and television, Buchanan jumped at the offer to serve as director of communications during the second term of President Reagan. The job was a conservative activist’s dream: Besides shaping Reagan’s public image, Bucha- nan had constant access to the president’s ear. Buchanan reportedly used this access to spur Reagan on to taking tougher positions—such as vetoing a farm bailout bill and lavishly praising the anti-Sandinista Contra rebels fighting in Nicaragua as “the moral equal of our Founding Fathers.” Presidential aspirations drew Buchanan into the 1992 race. He was even better known than in the 1980s as the result of his nightly Pat Buchanan. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION BUCHANAN, PATRICK JOSEPH 165 appearances on CNN’s Crossfire, where he sparred with his liberal colleague Michael E. Kinsley. President GEORGE H. W. BUSH’s popularity among Republicans was waning, especially in light of a sluggish economy. Moreover, Bucha- nan offered a clearly tougher platform than Bush, whom he considered a tepid moderate. “It seemed to me that if we’re going to stand for anything,” he told the Washin gton Times, “conservative leaders had to at least raise the banner and say, ‘This is not conservatism.’” Buchanan’s campaign combined populism, nationalism, and social conservatism. He advocated limits on immigration, restrictions on trade, and is olationism in foreign policy, while opposing abortion rights, GAY AND LE SBIAN RIGHTS , and federal arts funding. As he always had in his role as a pundit, the candidate provoked. He ran TV ads featuring gay dancers, and he toured the South criticizing the Voting Rights Act (42 U.S.C.A. §§ 1971 et. seq.) and reassuring southerners that hanging the Confed- erate flag from public buildings was acceptable free expression. Buchanan’s critics attacked. L iberals ac- cused him of xenophobia, racism, and homo- phobia. Conservatives sometimes came to his defense, but not always. Michael Lind, editor of theconservativejournaltheNational Interest, wrote that Buchanan represented “conserva- tism’s ugly face.” Charges of anti-Semitism followed Buchanan’suseofthephrase“ Is rael and its amen corner” in attacking U.S. intervention in the Persian Gulf War, and among those critical of him was the prominent conservative author and Catholic William F. Buckley Jr. Buchanan denied the charges; he said he was being tarred for supporting John Demjanjuk, who was accused, then later cleared, of being the Nazi war criminal Ivan the Terrible. Small flaps attended the Buchanan cam- paign regularly—one day he was announcing that English imm igrants would assimilate be tter than Zulus and the next calling for beggars to be removed from the streets. The most severe criticism came in August 1992 after his speech at the GOP national convention. First he knocked the Democratic Party’s convention as a gathering of “cross-dressers.” Then he called for a “cultural war” in which U.S. citizens, like the NATIONAL GUARD putting down the Los Angeles riots, “must take back our cities, and take back our culture, and take back our country.” Typical of the liberal response was an editorial in the New Republic criticizing Buchanan for advocating “militarized race war” (Washington Times July 19, 1993). Mario M. Cuomo, former governor of New York, confronted Buchanan on the CB S program Face the Nation, asking, “What do you mean by ‘culture’? That’s a word they used in Nazi Germany.” William J. Bennett, former secretary of education, accused Buchanan of “flirting with fascism.” Buchanan defended himself, blaming secular humanism, Hollywood, the National Endowment for the Arts, and public schools for creating an “adversary culture” contrary to traditional values. Despite Bush’s winning the nomination handily, Buchanan’ s influence did not wane. Two years later, the themes of his candidacy found expression in the Contract with Amer- ica’s insistence on a CONSTITUTIONAL AMENDMENT allowing school PRAYER and in a call for a crackdown on immigration. Moreover, in 1995, his “cultural war” message could be heard from nearly every Republican presidential candidate, especially Bob Dole. Meanwhile, Buchanan announced a second run for the White House, campaigning on the same strong conservative positions he had advanced in his campaign in 1992. Though he stayed in the race until the end, Buchanan lost the Republican nomination for pre sident to Dole by a large margin. In 2000, Buchanan made a third run for the presidency, this time on the Reform ticket with Ezola Foster, an African American woman. Buchanan’s capture of the REFORM PARTY nomination caused a split with supporters of party founder Ross Perot who then ran their own candidate. Both candidates did poorly at the polls winning less than one percent of the votes. During the administration of GEORGE W. BUSH, Buchanan became on e of Bush’s strongest critics, strongly opposing the invasion of Iraq and taking issue with many aspects of the so- called war on terror. He also criticized Bush’s approach on immigration and free trade, although he reluctantly endorsed Bush over John Kerry in 2004. Buchanan continues to be a prolific writer. He has written numerous articles and writes a nationally syndicated newspaper column. His IF WE CAN SEND AN ARMY HALFWAY AROUND THE WORLD TO DEFEND THE BORDERS OF KUWAIT, CAN’TWE DEFEND THE NATIONAL BORDERS OF THE UNITED STATES OF AMERICA? —PATRICK BUCHANAN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 166 BUCHANAN, PATRICK JOSEPH books include Right from the Beginning (1988), A Republic Not an Empire: Reclaiming America’s Destiny (1999), The Death of the West: How Dying Populations and Immigrant Invasions Imperil Ou r Country and Civilization (2001), Where The Right Went Wrong (2004), State of Emergency: The Third World Invasion and the Conquest of America (2006), and Churchill, Hitler, and the Unnecessary War (2008), the last in which he caused controversy by questioning U.S. involvement in WORLD WAR II. In 2009 Buchanan published Day of Reckoning: How Hubris, Ideology, and Greed Are Tearing America Apart, in which he argues that U.S. global domination has ended. Buchanan remains a prominent figure in the media as a political commentator and analyst on the MSNBC cable network, having briefly had his own show on the network with liberal commentator Bill Press from 2002 until 2003. He also helped start The American Conservative magazine in 2002. FURTHER READINGS The American Cause Web site. Available online at http:// www.theamericancause.org (accessed July 9, 2009). The American Conservative. Available online at http://www. amconmag.com (accessed November 25, 2009). Buchanan, Patrick J. Day of Reckoning: How Hubris, Ideology, and Greed Are Tearing America Apart. New York: St. Martin’s Press. “Patrick J. Buchanan.” MSNBC News. Available online at http://www.msnbc.msn.com/id/3080416 (accessed Nov. 25, 2009). BUCK V. BELL In Buck v. Bell, 274 U.S. 200, 47 S.Ct. 584, 71 L. Ed. 1000 (1927), the U.S. Supreme Court upheld a Virginia state law that authorized the forced sterilization of “feeble-minded” persons at certain state institutions. The case has been all but expressly abrogated by later Supreme Court opinions. Justice Oliver Wendell Holmes Jr., considered by many to be a champion of civil liberties, wrote the majority opinion for the court. In 1924 the state of Virginia passed a law that provided for the sterilization of “mental defectives” and “feeble-minded” persons who were confined to certain state institutions, when, in the judgment of the superintendents of those institutions, “the best interests of the patients and of society” would be served by their being made incapable of producing offspring. On January 23, 1924, a Virginia state court adjudged 18-year-old Carrie Buck to be “feeble-minded” within the meaning of the Virginia law and committed her to the Virginia State Colony for Epileptics and Feeble-Minded. Nine months later, A.S. Priddy, then superintendent of the Virginia institution, petitioned the institution’s BOARD OF DIRECTORS for an order compelling Buck to be sterilized by a surgical operation known as salpingectomy (the cutting of the fallopian tubes between the ovaries and the womb, and the tying of the ends next to the womb). After giving Buck notice and the opportunity to be heard at a hearing in which evidence was presented supporting the requested order, the board of directors ap- proved the superintendent’s PETITION. Buck, her guardian, and her attorney challenged the Virginia sterilization law in the CIRCUIT COURT of Amherst County, Virginia. Their lawsuit was filed against Dr. J.H. Bell, who had succeeded Priddy as superintendent of the institution. The lawsuit raised two principle arguments. First, the suit maintained that the steriliza- tion law violated Buck’s SUBSTANTIVE DUE PROCESS rights guaranteed by the Fifth and Fourteenth Amendments to the U.S. Constitution. The suit did not challenge the procedures by which Buck was ordered sterilized. Instead, Buck and her representatives contended that the Due Process Clause guarantees all adults the constitutional right to procreate and that the Virginia law violated this right. Second, Buck’s representatives argued that the Virginia law violated the EQUAL PROTECTION Clause of the FOURTEENTH AMENDMENT, which guarantees that the law treat similarly situated people alike. The sterilization law failed to provide equal prote ction, they argued, because it singled out “feeble-minded” patients at only certain state institutions identified in the statute, while having no application to “feeble-minded” persons at other state institutions or to “feeble- minded” persons who were not committed or confined. The county court upheld the Virginia law and affirmed the sterilization order, and Buck and her representatives appealed to the Virginia Supreme Court of Appeals, which also affirmed. Buck v. Bell, 143 Va. 310, 130 S.E. 516 (Va. 1925). In affirming the lower court, the Virginia Supreme Court of Appeals said that neither the Equal Protection Clause nor the Due Process Clause were designed to interfere with the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BUCK V. BELL 167 . child and attended District of Columbia public schools. He graduated from Howard University with a bachelor of arts degree in 19 32, and went GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 160 BRYANT,. FUNCTION OF LAW ENFORCEMENT IF, AFTER AN ILLEGAL OFFER IS MADE , THE SUBJECT REJECTS IT THE GOVERNMENT CANNOT PRESS ON . —WILLIAM BENSON BRYANT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION BRYANT,. THE WORLD TO DEFEND THE BORDERS OF KUWAIT, CAN’TWE DEFEND THE NATIONAL BORDERS OF THE UNITED STATES OF AMERICA? —PATRICK BUCHANAN GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 166 BUCHANAN, PATRICK