Bill of Rights — Bunk History

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The Late Murray Rothbard Takes on the Constitution

A lost volume of American history finds the light of day.

by Jeffrey Rogers Hummel via Reason on April 20, 2020

The Fourth Battle for the Constitution

The latest struggle to define America's founding charter will define the country for generations to come.

by Jeffrey Rosen via The Atlantic on September 25, 2019

Washington’s Legacy for American Jews: ‘To Bigotry No Sanction’

In 1790, as the First Amendment was being ratified, George Washington made a promise to American Jews.

by Jed S. Rakoff via New York Review of Books on September 23, 2019

How Did the Constitution Become America’s Authoritative Text?

A new history of the early republic explores the origins of originalism.

by Karen J. Greenberg via The Nation on February 7, 2019

The Woman Whose Words Inflamed the American Revolution

Mercy Otis Warren used her wit to agitate for independence.

by Erick Trickey via Smithsonian on June 20, 2017

Free from the Government

The origins of the more passive view of the freedom of the press can be traced back to Benjamin Franklin.

by Joseph M. Adelman via We're History on January 17, 2017

Executing 'Idiots'

Would the Founders have protected people we execute now?

by Michael Clemente via The Marshall Project on July 27, 2015

How the NRA Rewrote the Second Amendment

The Founders never intended to create an unregulated individual right to a gun.

by Michael Waldman via Politico Magazine on May 19, 2014

Founding Fathers, Founding Villains

A review of a handful of new books that embody the new liberal originalism.

by William Hogeland via Boston Review on September 1, 2012

Lithograph of James Madison from Portrait and Biographical Album of Washtenaw County, Michigan, 1891, Wikimedia.

The Founders’ Muddled Legacy on the Right to Bear Arms Is Killing Us

A case of 18th-century politicking has stymied our ability to deal with a 21st-century crisis.

by William Hogeland via AlterNet on August 14, 2012

Battleground America

One nation, under the gun.

by Jill Lepore via The New Yorker on April 23, 2012

Dead or Alive: Originalism as Popular Constitutionalism in Heller

Was the 2008 Heller decision a victory for originalism or a living Constitution?

by Reva B. Siegel via Yale Faculty Scholarship Series on January 1, 2008

A picture of a woman at a protest against Islamophobia.

The Most Patriotic Act

A warning from September 2001 about government overreach in the name of national security.

by Eric Foner via The Nation on September 20, 2001

Caricature drawing of Charles Black

Pursuing the Pursuit of Happiness

Traditional Supreme Court precedent may depend too much on substantive due process to safeguard human rights.

by Laurence H. Tribe via New York Review of Books on September 24, 1998

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