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White settlers traveling west in Conestoga wagons.

America as Filibuster Society

American expansionism goes beyond territory.
Texas governor Greg Abbott at press conference
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Texas Is Trying to Upend Who Controls Immigration Policy

The federal government has long controlled immigration law—and for very good reason.
"Temple of Liberty" immigration policy cartoon

How the Federal Government Came to Control Immigration Policy and Why it Matters

The newly empowered federal state created during Reconstruction could restrict immigration much more comprehensively than any state—as Chinese laborers soon discovered.
Political cartoon of American resistance against British colonial power.

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy

Interposition was a claim that American federalism needed to preserve some balance between state and national authority.
George Wallace pointing to map of United States with "Wallace Country" written on it.

How the Right Turned “Freedom” Into a Dog Whistle

A new book traces the long history of cloaking racism in the language of resistance to an overbearing federal government.
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.
Black and white photo of four children holding hands and dressed up in 18th century outfits

A Surprising Factor Influenced How the Framers Voted

The more sons a Founding Father had, the more supportive he was of a strong centralized government.
U.S. government medical marijuana crop at University of Mississippi.
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Jeff Sessions is a Hypocrite on States’ Rights. But So is Everyone Else.

Champions of states' rights love federal power when it suits their goals — like Sessions's anti-marijuana crusade.
President Woodrow Wilson riding as a passenger in a two seater car with his chauffeur, George Howard.

States’ Rights or Inalienable Rights?

Some early progressives may have been advocates of states’ rights, but they misunderstood the philosophy of the American Founding.

Congress’s Power to Investigate Crime Is More Important Than Ever

A new historical study finds that Congress’s authority to investigate crime is “indispensable” to the system of checks and balances.
Political cartoon of clothed animals and Anthony Comstock bathing clothed, and cowering at underwear in a store window.

The History and Legacy of Anthony Comstock and the Comstock Laws

As the Heritage Foundation’s Project 2025 proposes to revive the Comstock Act, this seven-part forum explores the Act’s influence on American life.
Scale with hundred-dollar bills weighing down one side.

Markets and the Law

Neoliberalism isn’t just a set of economic precepts—it’s also an architecture of laws passed to reinforce those precepts. Those laws must be changed.
An 1863 illustration from “Le Monde illustré” of formerly enslaved people celebrating the Emancipation Proclamation.

What If Reconstruction Didn’t End Till 1920?

Historian Manisha Sinha argues that the Second Republic lasted decades longer than most histories state and achieved wider gains.
Alexander Hamilton

The Federalist No. 1: Annotated

Alexander Hamilton’s anonymous essay challenged the voting citizens of New York to hold fast to the truth when deciding to ratify (or not) the US Constitution.
Spindle boys in Georgia cotton mill.
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America Has Been Having the Same Debate About Child Labor for 100 Years

A century ago, debates about the failed Child Labor Amendment turned on larger issues about work, childhood, and the role of government.
Emily Brooks.

When NYC Invented Modern Policing: On WWII–Era Surveillance and Discrimination

From the 1880s to the 1940s, New York City was transformed—and so too was the New York City Police Department.
A U.S. Border Patrol vehicle in front of a section of the U.S.-Mexico border fence near Ocotillo, Calif., on Sept. 13.
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The Myth of ‘Open Borders’

Even before the United States regulated migration, states did. Here’s why.
The Branch Davidian compound, Mount Carmel, Waco, Texas.

I Will Give Thee Madonna

Kevin Cook and Jeff Guinn on David Koresh, the Branch Davidians, and the 1993 siege of Waco.
Japanese Americans stand in a line next to a train car, as U.S. military look on

The New Deal's Dark Underbelly

David Beito has penned one of the most damning scholarly histories of FDR to date.
Alabama Governor George Wallace standing in front of an American map with the words, "Wallace County," written over it.

The Freedom to Dominate

When viewing federal authority as a bulwark for civil rights against local tyranny, we miss what the U.S. government has done to sustain white freedom.
J. Edgar Hoover

J. Edgar Hoover Shaped US History for the Worse

As director of the FBI for decades, J. Edgar Hoover helped build a massive, professionalized national security state and hounded leftists out of public life.
View of a Boston Street, circa 1778.

Commissary Notes and the Dark History of Revolutionary Financing

From the outset of the American Revolution, a lingering problem that plagued the minds of the Continental Congress dealt with its financing.
Ron DeSantis

DeSantis, Trump and The History of Treating D.C. Residents Like They Aren’t Americans

A history as intertwined with race as with partisanship.
Former President Donald Trump with his attorneys inside the courtroom during his arraignment at the Manhattan Criminal Court on April 4, 2023.

A Brief History of the Ku Klux Klan Acts

These 1870s laws to protect Black voters, ignored for decades, now being used against Trump.
J. Robert Oppenheimer.

Oppenheimer, Nullified and Vindicated

The inventor of the atomic bomb, the subject of Christopher Nolan’s new film, was the chief celebrity victim of the national trauma known as McCarthyism.
Cover of "Freedom's Dominion: A Saga of White Resistance To Federal Power"

The Little Man’s Big Friends

A new book seeks to explain why many Americans, especially but not exclusively in the South, have understood freedom as an entitlement for white people.
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.
Roger Taney.

On “Mobility and Sovereignty: The Nineteenth-Century Origins of Immigration Restriction”

Examining slavery, Indian removal, and state policies regulating mobility to trace the constitutional origins of immigration restriction in the 1800s.
Illustrated figure standing in front of a massive wall of classified documents.

The Cult of Secrecy

America’s classification crisis.
Alexander Hamilton stands guard over the U.S. Treasury building in Washington.

The Constitutional Case for Disarming the Debt Ceiling

The Framers would have never tolerated debt-limit brinkmanship. It’s time to put this terrible idea on trial.

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