Although Populist candidate William Jennings Bryan lost the presidential elections of 1896, 1900, and 1908, he was the most influential political figure of his era. In this astutely argued book, Gerard Magliocca explores how Bryan's effort to reach the White House energized conservatives across the nation and caused a transformation in constitutional law. Responding negatively to the Populist agenda, the Supreme Court established a host of new constitutional principles during the 1890s. Many of them proved long-lasting and highly consequential, including the 'separate but equal' doctrine supporting racial segregation, the authorization of the use of force against striking workers, and the creation of the liberty of contract. The judicial backlash of the 1890s - the most powerful the United States has ever experienced - illustrates vividly the risks of seeking fundamental social change. Magliocca concludes by examining the lessons of the Populist experience for advocates of change in our own divisive times.

Gerard N. Magliocca is professor of law, Indiana University School of Law, Indianapolis.

"This history of politics in the Gilded Age presents crucial background for contextualizing contemporary constitutional debates."--A.B. Cochran Choice

"Magliocca has written an excellent constitutional history of a pivotal period in American law... The book is highly recommended for those interested in the political contests of the 1890’s and in the evolution of American constitutional law."—James L. Hunt, The Journal of American History