BYU Law Review Volume 1992 | Issue 3 Article 1 9-1-1992 The rT ansfiguration of Samuel Chase: A Rebuttal Raoul Berger Follow this and additional works at: https://digitalcommons.law.byu.edu/lawreview Part of the Constitutional Law Commons Recommended Citation Raoul Berger, The Transfiguration of Samuel Chase: A Rebuttal, 1992 BYU L. Rev. 559 (1992). Available at: https://digitalcommons.law.byu.edu/lawreview/vol1992/iss3/1 This Article is brought to you for free and open access by the Brigham Young University Law Review at BYU Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information, please contact
[email protected]. The Transfiguration of Samuel Chase: A Rebuttal Raoul Berger Professor Stephen Presser's attempt to rehabilitate Justice Samuel Chase and his portrayal of Thomas Jefferson as a "demagogue" who had scant regard for the rule of law1 led me to dissent.' Since the appearance of my response, Presser has published a book3 elaborating his thesis and, thereafter, a reply to my di~sent.~His valiant efforts are worthy of a better cause. In a brilliant study, The Limitations of Science, the mathematician-physicist J.W.N. Sullivan observed, "The rigorous criticism, the complete lack of indulgence, that is shown by the scientific world, is one of its most agreeable characteristics. Its one simple but devastating criterion [is], 'Is it true? . .'" To the extent that legal scholarship would approach s~ient~cintegrity, that must be our criterion, even though, to quote Thomas Huxley, "[tlhe great tragedy of science [is] the slaying of a beautiful hypothesis by an ugly fact.'% 1.