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Tiburcio Parrott sitting holding cane

Birth of the Corporate Person

The defining of corporations as legal “persons” entitled to Fourteenth Amendment rights got a leg up from the fight over a California anti-Chinese immigrant law.
by Evelyn Atkinson, Matthew Wills via JSTOR Daily on March 16, 2024
Portrait photo of Justice Ketanji Brown Jackson
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Justice Jackson Offered Democrats a Road Map for Securing Equal Rights

Tying the fight for equal rights to the founders and the Constitution has worked before.
by Evan Turiano via Made By History on October 10, 2022
U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.
by Eric Foner, Ted Widmer via The Guardian on November 15, 2023
Harry Truman speaking at the 1948 Democratic National Convention.

The 1948 Democratic National Convention Is the Missing Link in Civil Rights History

Civil rights activists failed to expel an all-white, segregationist delegation. But their efforts foreshadowed later milestones in the fight for equality
by Samuel G. Freedman via Smithsonian on July 19, 2023
U.S. Supreme Court building where "Equal Justice Under Law" is written in stone.

The Originalist Case for Affirmative Action?

The argument made recently by Kim Forde-Mazrui may not be in good faith, but it does raise important questions about the meaning of the Constitution.
by Tal Fortgang via Law & Liberty on June 5, 2023
Collage of Supreme Court and 14th amendment-related images.

Reversing the Legacy of Slaughter-House

A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago.
by Ilan Wurman via Law & Liberty on April 3, 2023
Black and white image of Charles Hamilton Houston, standing at a desk alongside other attorneys, circa 1940.

Students for Fair Admissions v. Harvard and the History Behind Colorblind Admissions

Colorblindness has a long history in college admissions, the Black intellectual tradition, and today’s assault on affirmative action and race-conscious policies.
by Brandon James Render via Black Perspectives on November 4, 2022
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
by David Cole via New York Review of Books on November 3, 2022
Billboard saying "Welcome to California Where Abortion is Safe and Still Legal"
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What Pre-Civil War History Tells Us About the Coming Abortion Battle

Fights over fugitive slave laws pitted states against each other and showcased the risks of the federal government not supporting liberty.
by Kate Masur via Made By History on July 14, 2022
Photo of Hispanic students reciting the Pledge of Allegiance

First Roe, Then Plyler? The GOP’s 40-Year Fight to Keep Undocumented Kids Out of Public School

“The schoolhouse door cannot be closed to one of modern society’s most marginalized, most vilified groups.”
by Isabela Dias via Mother Jones on June 15, 2022
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
by David Cole via New York Review of Books on March 31, 2022
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
by Earl M. Maltz via National Review on February 3, 2022

How a Thirteen-Year-Old Girl Smashed the Gender Divide in American High Schools

At a time when the US was divided on questions of gender, Alice de Rivera decided that she was fed up with her lousy high school.
by Laurie Gwen Shapiro via The New Yorker on January 26, 2019

Catching Up to Pauli Murray

From today's vantage, the remarkable achievements of the writer and social justice activist are finally coming into focus.
by Drew Gilpin Faust via New York Review of Books on October 5, 2018
Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
by Eric Foner via The Nation on July 9, 2018
Protestor outside the Supreme Court, with a Bible and a sign denouncing bigotry.
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Discriminating in the Name of Religion? Segregationists and Slaveholders Did It, Too.

If religious freedom trumps equality under the law, it provides a “cover” that actually encourages discrimination.
by Tisa Wenger via Made By History on December 5, 2017

To Have and to Hold

Griswold v. Connecticut became about privacy; what if it had been about equality?
by Jill Lepore via The New Yorker on May 25, 2015
Rosie the Riveter "We Can Do It" poster.
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Women at Work: A History

Women in the workplace, from 19th century domestic workers to the Rosies of World War II to the labs of Silicon Valley.
via BackStory on February 6, 2015
A diagram of the parts of a flintlock pistol.

Bad Facts, Bad Law

In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.
by Duncan Hosie via New York Review of Books on November 25, 2023
A drawing of a woman looking inside the door of a church where children are playing.

The Quiet Revolution of the Sabbath

Requiring rest, rather than work, is still a radical idea.
by Casey N. Cep via The New Yorker on September 30, 2023
Torn photos juxtaposing the face of a Black man and an Asian woman.

A New Theory of Race in America

How white-dominated racial power produces inter-ethnic group conflict.
by Rhoda Feng, Claire Jean Kim via The Chronicle of Higher Education on September 8, 2023
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
by Caitlin B. Tully via Slate on June 25, 2023
U.S. Supreme Court Chief Justice William Rehnquist testifies to a House Financial Services subcommittee about minting coins in commemoration of former Chief Justice John Marshall on March 10, 2004.

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

The Supreme Court Justice's defense of Plessy v. Ferguson in a 1993 memo continues to influence the court's interpretation of the 14th amendment.
by Dahlia Lithwick, Richard L. Hasen via Slate on June 1, 2023
Sketch of a gathering of African Americans gathering in a meetinghouse.

“Nativity Gives Citizenship”: Teaching Antislavery Constitutionalism Through Black Conventions

The demand of antislavery activists for accused fugitives to be guaranteed a jury trial was an implicit recognition of Black citizenship.
by Erik J. Chaput via Commonplace on March 7, 2023
Illustration of the Supreme Court and a school house mirroring each other. The Supreme Court sits atop a dollar bill, and the school house is upside down on the other side of the bill.

The Racist Idea that Changed American Education

How a landmark Supreme Court decision was shaped by the racist idea that poor children can’t learn.
by Matt Barnum via Vox on February 13, 2023
A black and white photo of new suburban homes, 1963.

When Real Estate Agents Led the Fight Against Fair Housing

A new book argues that the real estate industry’s campaign to defend housing segregation still echoes in today’s politics.
by Gene Slater, Patrick Sisson via CityLab on September 28, 2021
Undocumented students in support of DACA
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Biden Will Allow Undocumented Students To Access Pandemic Relief

For decades, policymakers have debated who may access public education and the social safety net.
by Sarah R. Coleman via Made By History on June 1, 2021
A man during the Capitol Siege holding a Confederate flag.

The Case for a Third Reconstruction

The enduring lesson of American history is that the republic is always in danger when white supremacist sedition and violence escape justice.
by Manisha Sinha via New York Review of Books on February 3, 2021
Members of the National Guard stand behind a fence outside of the U.S. Capitol building.

Impeachment May Not Work. Here’s the Next Best Way to Dump Trump

The 14th Amendment offers a remedy that is both simpler and likelier to work.
by Eric Foner via Washington Post on January 12, 2021
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Bush v. Gore: How a Recount Dispute Affects Voting Today

The controversy surrounding the 2000 presidential election led to sweeping voting reforms, but opened the door to a new set of problems still affecting us.
via Retro Report on October 19, 2020
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