How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power , Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws , first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right. “An extraordinarily learned, subtle examination both of our current judicial crisis and of the original conception of judging and the separation of powers. . . . Paul O. Carrese has made a major and welcome contribution toward the necessary restoration of the rule of law and judicial prudence.” ― Journal of American History “ The Cloaking of Power is powerful in its conception, structure, and argument, evincing an impressive erudition, a consistently keen set of analytical skills, and an admirable degree of originality. . . . An impressive work of intellectual history and one that will well repay a careful reading and rereading.” ― Law and Politics Book Review “This book of great erudition should greatly interest constitutional philosophers and other theorists of modern constitutionalism. Highly recommended.” ― Choice How did the U.S. judiciary become so powerful-powerful enough that state and federal judges vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy both in America and internationally? In The Cloaking of Power , Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and of strong but subtle courts. Montesquieu instructed statesmen and judges to "cloak power" by placing the robed power at the center of politics, while concealing judges behind citizen juries and subtle reforms. Tracing Montesquieu's conception of judicial power through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution-which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary-one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right. Such judicial statesmanship, moderating democracy's excesses, Carrese explains, differs from an activism that favors isolated individuals and progressive policies over civic duties, communal principles, and constitutional tradition. Students of political theory, law, constitutionalism, and the American founding will find The Cloaking of Power an invaluable resource. How did the U.S. judiciary become so powerful-powerful enough that state and federal judges vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy both in America and internationally? In The Cloaking of Power , Paul O. Carrese provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of