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Fourteenth Amendment

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Cracked glass plate portrait of Andrew Johnson.

The Disastrous Pardons of a President

After the Civil War, Andrew Johnson issued the biggest act of presidential clemency in our history. It angered his party and led to his eventual impeachment.
by Jeff Nilsson via The Saturday Evening Post on December 23, 2024
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."
partner

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.
partner

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
The American flag on fire.

The Fight for Our America

There have always been two Americas. One based in religious zeal, mythology, and inequality; and one grounded in rule of the people and the pursuit of equality.
by Heather Cox Richardson via The New Republic on September 26, 2023
Black students walking a gauntlet of white students to enter Clinton High School.

Why Did They Bomb Clinton High School?

It was the first Southern school to be integrated by court order, and the town reluctantly prepared to comply. Then an acolyte of Ezra Pound’s showed up.
by Louis Menand via The New Yorker on July 31, 2023
Demonstrators with signs supporting medication abortion.

Conservatives Are Turning to a 150-Year-Old Obscenity Law to Outlaw Abortion

With the Comstock Act of 1873 coming back to life, reproductive care, LGBTQ protections, and a host of other civil rights are now at risk.
by Melissa Gira Grant via The New Republic on April 12, 2023
Sketch of a gathering of African Americans gathering in a meetinghouse.

“Nativity Gives Citizenship”: Teaching Antislavery Constitutionalism Through Black Conventions

The demand of antislavery activists for accused fugitives to be guaranteed a jury trial was an implicit recognition of Black citizenship.
by Erik J. Chaput via Commonplace on March 7, 2023
Illustrative grid rid of students with the faces represented by various colors, fabric patterns, and textures.

How Affirmative Action Was Derailed by Diversity

The Supreme Court has watered down the policy’s core justification: justice.
by Richard Thompson Ford via The Chronicle of Higher Education on September 2, 2022
Execution Chamber with restraining bed
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50 Years Ago, a SCOTUS Decision Placed a Moratorium on Executions. It's Time to Revive it

Fifty years ago in 1972, as spring faded and summer arrived in late June, America (and the world) was a vastly different place.
by Rick Halperin via HNN on June 28, 2022
Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
by Scott Skinner-Thompson via The Conversation on June 15, 2022
Photo of Samuel Alito

Why There Are No Women in the Constitution

There is little mention of abortion in a four-thousand-word document crafted by fifty-five men in 1787. This seems to be a surprise to Samuel Alito.
by Jill Lepore via The New Yorker on May 4, 2022

“Deeply Rooted in this Nation’s History and Tradition"

The bad history in Alito’s draft overturning Roe v. Wade.
by William Hogeland via Hogeland's Bad History on May 3, 2022
Illustration of Spanish slaves unloading ice.

Cuba & the US: Necessary Mirrors

Exponentially more enslaved Africans were forced to the lands that now make up Latin America rather than the United States. Where is their story?
by Geraldo Cadava via Public Books on April 13, 2022
Excerpt from 1950 Census form
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The 1950 Census, a Treasure Trove of Data, Was the Last of its Kind

Unveiling the 1950 Census reveals the value of these types of records.
by Dan Bouk via Made By History on April 1, 2022
Colorful portrait collage of Harriet Tubman with stars in the background

The Harriet Tubman Bicentennial Project

The Harriet Tubman Bicentennial Project explores the meaning of freedom through the example of one extraordinary life.
by Janell Hobson via Ms. Magazine on February 1, 2022
A bus, and a Black man at the bus stop standing under a sign for a "Colored Waiting Room."

Homer Plessy Was Never a Criminal. Now His Record Reflects That.

In rejecting Plessy’s argument that the Jim Crow law implied Black people were inferior, the Supreme Court upheld the notion of “separate but equal.”
by Keisha N. Blain via MSNBC on January 5, 2022
The U.S. national debt clock.

Clearing the Air on the Debt Limit

This report clarifies five issues commonly raised in debt limit debates and explores some open questions.
by D. Andrew Austin, Sean M. Stiff via Congressional Research Service on November 10, 2021
Texas Governor Greg Abbott signs state legislation on voting rights.

The Strange Career of Voting Rights in Texas

Republicans in Texas, and indeed around the country, remain hell-bent on going back to the future.
by Derek C. Catsam via The Activist History Review on October 20, 2021
Aerial photograph of the San Fernando Valley in 1953.

How Los Angeles Pioneered the Residential Segregation That Helped Divide America

After real estate agents invented racial covenants in the early 1900s, L.A. led the nation in using them. Their idea of 'freedom' shapes the U.S. today.
by Gene Slater via Los Angeles Times on September 10, 2021
A cartoon by Thomas Nast, depicting Johnson as a king and the race riots that occurred at a Radical Republican convention in New Orleans.

‘The Failed Promise’ Review: The Mad King and the Lost Cause

Frederick Douglass and Republican legislators had high hopes for Andrew Johnson—but ended up impeaching him.
by Randall Fuller via The Wall Street Journal on August 20, 2021
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 2021

The Unreconstructed Radical

Thaddeus Stevens was a fierce opponent of the “odious” compromises in the Constitution, and of the North’s compromises after the Civil War.
by Richard Kreitner via The Baffler on May 13, 2021
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