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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.
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.
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.
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.
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.
Execution Chamber with restraining bed
partner

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.
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.
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.

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

The bad history in Alito’s draft overturning Roe v. Wade.
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?
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.
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.
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.”
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.
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.
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.
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.
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.

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.

The Bloody History of Anti-Asian Violence in the West

One of the largest mass lynchings in the United States targeted Chinese immigrants in Los Angeles.
Asian-American men waiting to be questioned by white police officers

Racism Has Always Been Part of the Asian American Experience

If we don’t understand the history of Asian exclusion, we cannot understand the racist hatred of the present.
An map of the U.S. in 1857

Lessons From the Civil Rights Struggle That Began Before the Civil War

The path to equality in the free Northern states was inconceivably steep. But in time, the movement maneuvered from the margins into mainstream politics.
Photo of former African American woman, Bernette Johnson, wearing judicial robes

The Dissenter

The rise of the first Black woman on the Louisiana Supreme Court was characterized by one battle after another with the Deep South’s white power structure.
Thaddeus Stevens

The Radicalism of Thaddeus Stevens

Thaddeus Stevens understood far better than most that fully uprooting slavery meant overthrowing the South’s economic system and challenging property rights.
Census taker's bag from 1980

Immigration Hard-Liner Files Reveal 40-Year Bid Behind Trump's Census Obsession

The Trump administration tried and failed to accomplish a count of unauthorized immigrants to reshape Congress, the Electoral College and public policy.
Ulysses S. Grant statue in front of the capitol
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Grant — Not Lincoln or Roosevelt — May Hold the Key to Biden’s Success

Biden needs to stare down White supremacy, which requires strenuous enforcement of the laws.
Photo of an interracial couple

On California’s Eugenicist Past

Jane Dailey considers the power of the law to reinforce racism.

‘America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument

Enabling sustained minority rule at the national level is not a feature of our constitutional design, but a perversion of it.
A row of Supreme Court justices.

Amid National Crises, Lincoln and His Republicans Remade the Supreme Court to Fit Their Agenda

Political contests over the ideological slant of the Court are nothing new.
Headshot of Ruth Bader Ginsburg

The Glorious RBG

I learned, while writing about her, that her precision disguised her warmth.

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