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The Supreme Court Is Headed Back to the 19th Century

The justices again appear poised to pursue a purely theoretical liberty at the expense of the lives of people of color.
by Adam Serwer via The Atlantic on September 4, 2018
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It’s Time to Fulfill the Promise of Citizenship

The rights we save may be our own.
by Hidetaka Hiroka, Natalia Molina via Made By History on July 29, 2018

Citizenship Shouldn't Be a Birthright

Guaranteeing citizen status simply for being born here is a deliberate misreading of the Fourteenth Amendment.
by Michael Anton via Washington Post on July 18, 2018
Map of Oregon

Oregon’s Racist Past

Until the mid-20th century, Oregon was perhaps the most racist place outside the southern states, possibly even of all the states.
by Linda Gordon via Longreads on July 12, 2018

"Though Declared to be American Citizens"

The Colored Convention Movement, black citizenship, and the Fourteenth Amendment.
by Andrew K. Diemer via Muster on July 11, 2018

Citizens to Come: Building Beyond the 14th Amendment

Commemoration of the 14th Amendment must not display the abundance of freedom, but the hunger for it on both sides of the border.
by Sonya Posmentier via Public Books on July 10, 2018

How a Pivotal Voting Rights Act Case Broke America

In the five years since the landmark decision, the Supreme Court has set the stage for a new era of white hegemony.
by Vann R. Newkirk II via The Atlantic on July 10, 2018

The Urgency of a Third Reconstruction

The ratification of the Fourteenth Amendment marked a turning point in U.S. history. Yet 150 years later, its promises remain unfulfilled.
by Robert Greene II via Dissent on July 9, 2018

Company Men

The 200-year legal struggle that led to Citizens United and gave corporations the rights of people.
by Kim Phillips-Fein via The New Republic on March 29, 2018

'Corporations Are People' Is Built on an Incredible 19th-Century Lie

How a farcical series of events in the 1880s produced an enduring and controversial legal precedent.
by Adam Winkler via The Atlantic on March 5, 2018
A prison cell with a television tuned to election coverage.
original

Why Felon Disenfranchisement Doesn't Violate the Constitution

The justification can be found in an obscure section of the Fourteenth Amendment.
by Sara Mayeux on December 21, 2017

A Vestige of Bigotry

The Supreme Court and non-unanimous juries.
by Andrew Cohen via The Marshall Project on September 25, 2017

The Department of Justice Is Overseeing the Resegregation of American Schools

A major investigation reveals that white parents are leading a secession movement with dire consequences for black children.
by Emmanuel Felton via The Nation on September 6, 2017

The Supreme Court’s Quiet Assault on Civil Rights

The Supreme Court is quietly gutting one of the United States’ most important civil rights statutes.
by Lynn Adelman via Dissent on September 1, 2017

The Roots of Segregation

"The Color of Law" offers an indicting critique of the progressive agenda.
by Carl Paulus via The American Conservative on May 5, 2017
An American flag flying in front of a large Christian cross.

The Religious-Liberty Attack on Transgender Rights

Conservative Christians are out to restore their historical legal privileges.
by David Sehat via Boston Review on May 27, 2016

Donald Trump Meet Wong Kim Ark

He was the Chinese-American cook who became the father of ‘birthright citizenship.’
by Fred Barbash via Washington Post on August 31, 2015

To Have and to Hold

Griswold v. Connecticut became about privacy; what if it had been about equality?
by Jill Lepore via The New Yorker on May 25, 2015
Photo of Jimmy Lee Jackson.

The Killing of Jimmie Lee Jackson

How a post-Civil War massacre impacted racial justice in America.
by Debo Adegbile via The Marshall Project on February 27, 2015
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
A drawing of protestors wrestling a tax collector to the ground.

A Prudent First Amendment

Often, the proper scope of the First Amendment can be determined only by considering both text and context.
by David Lewis Schaefer via Law & Liberty on November 7, 2024
American Indian woman wearing a shirt that reads "You are on Indian land."
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The Ambivalent History of Indigenous Citizenship

A century ago, when Congress passed the Indian Citizenship Act, key questions about Native sovereignty were left unresolved.
by Daniel R. Mandell via Made By History on October 14, 2024
White men strapping a Black man into an electric chair.
original

Matters of Life and Death

Systemic racism and capital punishment have long been intertwined in Virginia, the South, and the nation.
by Janis Parker on July 10, 2024
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
by Sean Wilentz via New York Review of Books on July 4, 2024
Edward Blum superimposed on the Supreme Court building.

The People Who Dismantled Affirmative Action Have a New Strategy to Crush Racial Justice

In throwing up new roadblocks to the use of private money to redress racial and economic inequality, the Fearless Fund ruling is antihistorical.
by David H. Gans via Slate on June 11, 2024
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
by Simon Lazarus via The New Republic on March 29, 2024
Tiburcio Parrott sitting holding cane

Birth of the Corporate Person

The defining of corporations as legal “persons” entitled to Fourteenth Amendment rights got a leg up from the fight over a California anti-Chinese immigrant law.
by Evelyn Atkinson, Matthew Wills via JSTOR Daily on March 16, 2024
Black students from Alabama State College stage a mass rally on the steps of the Alabama State Capitol in 1960.
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What’s Behind the Fight Over Whether Nonprofits Can Be Forced to Disclose Donors’ Names

A reminder of how tricky it is to balance protecting transparency and freedom of association.
by Helen J. Knowles-Gardner via Made By History on January 16, 2024
School house with Black children playing around it.

How Reconstruction Created American Public Education

Freedpeople and their advocates persuaded the nation to embrace schooling for all.
by Adam Harris via The Atlantic on November 13, 2023
Picture of Frederick Douglass overlaid on a poster advertising a speech of his.

The Annotated Frederick Douglass

In 1866, the famous abolitionist laid out his vision for radically reshaping America in the pages of "The Atlantic."
by Frederick Douglass, David W. Blight via The Atlantic on November 13, 2023
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