June 11, 2004

We Need to Reclaim the Second Bill of Rights

By CASS R. SUNSTEIN

On January 11, 1944, the United States was involved in its longest conflict since the Civil War. The effort was going well. In a remarkably short period, the tide had turned sharply in favor of the Allies. Ultimate victory was no longer in serious doubt. The real question was the nature of the peace.

At noon, America's optimistic, aging, self-assured, wheelchair-bound president, Franklin Delano Roosevelt, delivered his State of the Union address to Congress. His speech wasn't elegant.

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