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Photo of Donald Trump at a podium and pointing.

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
Political cartoon of Trump praying at the foot of a Jefferson Davis statue.

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
Gen. Robt. E. Lee, 1886.

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
Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.
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
A mobile of the American flag's stars and bars hanging over a cradle.

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
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
Linda Brown Smith, Ethel Louise Belton Brown, Harry Briggs, Jr., and Spottswood Bolling, Jr., 1964

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
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
Wong Kim Ark's departure statement overlayed with his portrait.

How the Fight for Birthright Citizenship Shaped the History of Asian American Families

Even after Wong Kim Ark successfully took his case to the Supreme Court 125 years ago, Asian Americans struggled to receive recognition as U.S. citizens.
by Hardeep Dhillon via Smithsonian on March 27, 2023
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.
by Thomas Geoghegan via The New Republic on January 6, 2023
Portraits of white men.

How 155 Angry White Men Chained Alabama to Its Confederate Past

Their plan required not only a social and legal division along racial lines but a political one, too — a separation that persists today.
by Kyle Whitmire via al.com on December 5, 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
Eric Foner sits in an arm chair on stage during an interview, holding a microphone.

“Originalism Is Intellectually Indefensible”

On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.
by Eric Foner, Cristian Farias via Balls And Strikes on October 28, 2022
Supreme Court and college admissions illustration.

The Anti-Antiracist Court

How the Supreme Court has weaponized the Fourteenth Amendment and Brown v. Board of Education against antiracism.
by Jonathan Feingold via The Forum on October 24, 2022
Constance Motley and Randolph Rankin attending City Hall budget hearing, February 25, 1965

The Legal Mind of Constance Baker Motley

The story of Motley's legal career prior to Brown v. Board, and her crucial participation in it.
by Tomiko Brown-Nagin via Black Perspectives on October 14, 2022
Portrait photo of Justice Ketanji Brown Jackson
partner

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
illustration of a hand with a shredded ballot

John Roberts’s Long Game

Is this the end of the Voting Rights Act?
by Linda Greenhouse via The Atlantic on September 20, 2022
Photo of the Supreme Court Building

The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens.
by Matt Ford via The New Republic on September 19, 2022
A picture of the front of the Supreme Court.

The Supreme Court’s Faux ‘Originalism’

The conservative Supreme Court's favorite judicial philosophy requires a very, very firm grasp of history — one that none of the justices seem to possess.
by Joshua Zeitz via Politico Magazine on June 26, 2022
Contemplation of Justice statue

The Supreme Court’s Selective Memory

The Court’s striking down of a New York gun law relies on a fundamentally anti-democratic historical record that excludes women and people of color.
by Jill Lepore via The New Yorker on June 24, 2022
A demonstrator outside the Supreme Court as the court rules in the Dobbs v. Women’s Health Organization abortion case on June 24, 2022.
partner

Overturning Roe Could Threaten Rights Conservatives Hold Dear

Parental rights stem from the same liberty that the Supreme Court just began rolling back.
by Julia Bowes via Made By History on June 24, 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
Brett Kavanaugh
partner

What Justice Kavanaugh Gets Wrong About Abortion and Neutrality

Calls for the court to remain neutral have long been tools for denying Americans rights.
by David Cohen, Maya Manian via Made By History on December 13, 2021
The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.
by Joel Lau, Peter S. Canellos via Politico Magazine on September 8, 2021
Statue of Dred Scott and wife

Allegiance, Birthright, and Race in America

What the Dred Scott v. Sandford case meant for black citizenship.
by William A. Darity Jr., Charles Ali Bey via Black Perspectives on August 4, 2021
Bus station with 'colored waiting room' sign.

Plessy v. Ferguson at 125

One hundred and twenty five years after the Supreme Court’s decision in Plessy v. Ferguson, there are still lessons to be gleaned from the case.
by Rachel Reed via Harvard Law Bulletin on May 19, 2021
The Amistad slave ship

Birthright Citizenship, Slave Trade Legislation, and the Origins of Federal Immigration Regulation

Opponents of birthright citizenship say there weren't any “illegal aliens” when the 14th Amendment was drafted. They're wrong.
by Gabriel Chin, Paul Finkelman via UC Davis Law Review on April 9, 2021
Chinese immigrants working in a market stop to pose for a photo

The California Klan’s Anti-Asian Crusade

Whereas southern Klansmen assaulted Black Americans and their white allies, western vigilantes targeted those they deemed a greater threat: Chinese immigrants.
by Kevin Waite via The Atlantic on April 6, 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
Men and women workers marching in a 1914 May Day parade.

Time Is the Universal Measure of Freedom

In our own era of uncontrolled working hours, controlling our time is a vision of freedom worth capturing.
by Mike Konczal via Boston Review on January 8, 2021
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