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Map illustrating legal erasure of roads in Fort Reno Park in 1943, following the clearance of a neighborhood.

Segregation by Eminent Domain

The Fifth Amendment allows the government to buy private property for the public good. "Public good" being the expansion of white neighborhoods.
by Matthew Wills, Mara Cherkasky, Athena V. Scott via JSTOR Daily on June 2, 2023
Chief Justice John Roberts.

The Supreme Court Has Murdered the Constitution

America’s founding document is now an all-but-meaningless scrap of paper. Happy Fourth!
by Ryan Cooper via The American Prospect on July 4, 2024
A gavel smashing a wooden house.

The Constitutional Case Against Exclusionary Zoning

America is suffering from a severe housing shortage. A crucial tool may lie in the Constitution.
by Ilya Somin, Joshua Braver via The Atlantic on June 12, 2024
Abraham Lincoln.

The Two Constitutions

James Oakes’s deeply researched book argues that two very different readings of the 1787 charter put the United States on a course of all but inevitable conflict.
by David W. Blight via New York Review of Books on May 18, 2023
Map and photo of Seneca Village

Let’s Talk About the Taking of Black Land

From Seneca Village to “urban renewal,” the government has claimed Black property—rarely with the “just compensation” promised by the Fifth Amendment.
by Elie Mystal via The Nation on February 19, 2022
Wallpaper printed in support of the Constitutional Union Party’s presidential candidate, John Bell, in 1860.

A Constitution of Freedom

During the 1860 presidential election, political parties dueled over the intent of the framers.
by James Oakes via Lapham’s Quarterly on January 20, 2021

The 1919 Murder Case That Gave Americans the Right to Remain Silent

Decades before the Miranda decision, a Washington triple-homicide paced the way to protect criminal suspects.
by Scott D. Seligman via Zócalo Public Square on April 30, 2018
Migrants being processed by the U.S. Border Patrol at a new makeshift camp after crossing the US-Mexico border.

America Turned Against Migrant Detention Before

Detaining migrants is pointless. American history proves it.
by Ana Raquel Minian via TIME on May 30, 2024
Director Edward Dmytryk and actress Jean Porter.

The 1950s Hollywood Blacklist Was an Assault on Free Expression

The blacklist didn’t just ruin many workers’ careers — it narrowed the range of acceptable movies and contributed to the conservatism of the 1950s.
by Larry Ceplair via Jacobin on May 18, 2023
Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
by Scott Skinner-Thompson via The Conversation on June 15, 2022
Artistic collage of the preamble to the U.S. Constitution.

Was Emancipation Constitutional?

Did the Confederacy have a constitutional right to secede? And did Lincoln violate the Constitution in forcing them back into the Union and freeing the slaves?
by James Oakes via New York Review of Books on April 20, 2022
Painting of Lincoln and his cabinet by M.S. Carpenter, 1863.

Did the Constitution Pave the Way to Emancipation?

In his new book, The Crooked Path to Abolition, James Oakes argues that the Constitution was an antislavery document.
by Richard Kreitner via The Nation on October 6, 2021

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