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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
How Could ‘Freedmen’ Be a Race-Neutral Term?
An opinion from Justice Clarence Thomas exposed the limits of originalism.
by
Adam Serwer
via
The Atlantic
on
July 7, 2023
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
partner
Everyone Born in the United States is a U.S. Citizen. Here’s Why.
From birthright freedom to birthright citizenship.
by
Amanda Frost
via
Made By History
on
March 28, 2023
Making the Constitution Safe for Democracy
The second section of the Fourteenth Amendment offers severe penalties for menacing the right to vote—if anyone can figure out how to enforce it.
by
Anthony Conwright
via
The Forum
on
August 17, 2022
The Pro-Democratic Fourteenth Amendment
At the heart of recent US Supreme Court decisions, the Fourteenth Amendment was framed to require free speech and free elections in the South.
by
Garrett Epps
,
Livia Gershon
via
JSTOR Daily
on
July 22, 2022
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
On the Fight for Black Voting Rights at the Turn of the 20th-Century
A rally at Faneuil Hall in support of the Fourteenth Amendment and congressional investigation of southern disfranchisement.
by
Kerri K. Greenidge
via
Literary Hub
on
October 14, 2020
The 14th Amendment Was Meant to Be a Protection Against State Violence
The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
by
David H. Gans
via
The Atlantic
on
July 19, 2020
The Real Origins of Birthright Citizenship
Its purpose 150 years ago was to incorporate former slaves into the nation.
by
Martha S. Jones
via
The Atlantic
on
October 31, 2018
Can Trump Really End Birthright Citizenship?
Not directly. But it's more complicated than you think.
by
Imani Perry
via
Colorlines
on
October 30, 2018
The Struggle Over the Meaning of the 14th Amendment Continues
The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.
by
Garrett Epps
via
The Atlantic
on
July 10, 2018
Citizens: 150 Years of the 14th Amendment
In 1868, black activists had already been promoting birthright as the basis of their national belonging for nearly half a century.
by
Martha S. Jones
via
Public Books
on
July 9, 2018
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
partner
The 14th Amendment Solved One Citizenship Crisis, But It Created A New One
How birthright citizenship became a barrier for undocumented immigrants.
by
Martha S. Jones
via
Made By History
on
July 9, 2017
partner
The Birth of Corporate Personhood
How a legal footnote in a Santa Clara County railroad case and the judges who built on it created modern models of corporate personhood.
via
BackStory
on
June 20, 2014
The Most Conservative Branch
Stephen Breyer criticizes recent Supreme Court decisions and argues for a more pragmatic jurisprudence.
by
Jed S. Rakoff
via
New York Review of Books
on
August 29, 2024
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
partner
Texas Is Trying to Upend Who Controls Immigration Policy
The federal government has long controlled immigration law—and for very good reason.
by
Kevin Kenny
via
Made By History
on
April 5, 2024
Why the Long Shadow of Bush v. Gore Looms Over the Supreme Court’s Colorado Case
In the fight over keeping Trump’s name on the ballot, the 2000 decision is a warning but not a precedent.
by
E. Tammy Kim
via
The New Yorker
on
February 7, 2024
The Case for Disqualification
Three years later, amid another national election, the American public is still slow to understand the enormity of January 6, 2021.
by
Sean Wilentz
via
New York Review of Books
on
January 30, 2024
When Constitutional-Law Professors Fight
On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
by
William Hogeland
via
Hogeland's Bad History
on
January 10, 2024
The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal
Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
by
Lawrence Lessig
via
Slate
on
December 20, 2023
What Happened When the U.S. Failed to Prosecute an Insurrectionist Ex-President
After the Civil War, Jefferson Davis, was to be tried for treason. Does the debacle hold lessons for the trials awaiting Donald Trump?
by
Jill Lepore
via
The New Yorker
on
December 4, 2023
After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?
Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
by
Garrett Epps
via
Washington Monthly
on
November 20, 2023
partner
What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office
Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.
by
Elizabeth R. Varon
via
Made By History
on
November 15, 2023
Why Republicans Keep Calling for the End of Birthright Citizenship
It’s about more than immigration.
by
Martha S. Jones
via
The Atlantic
on
July 2, 2023
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
Brown v. Board of Education: Annotated
The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.
by
Liz Tracey
via
JSTOR Daily
on
May 17, 2023
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
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