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Laundered Violence

Law and protest in Durham, North Carolina.

What the Nazis Learned from America

Rigid racial codes in the early 20th century gained the admiration not only of many American elites, but also of Nazi Germany.

Constitutional Originalism and History

Does the most historically minded school of constitutional law push history aside?

The Racist Legacy of NYC’s Anti-Dancing Law

The cabaret law—and its prejudicial history—is one of the city's darkest secrets.
Two members of a teenage street gang are taken into the 9th Precinct police station after their arrest in New York City.

The Forgotten Law That Gave Police Nearly Unlimited Power

The vagrancy law regime regulated so much more than what is generally considered “vagrancy.”

The Awakening of Thurgood Marshall

The case he didn’t expect to lose. And why it mattered that he did.

Objection

Clarence Darrow’s unfinished work.

Dead or Alive: Originalism as Popular Constitutionalism in Heller

Was the 2008 Heller decision a victory for originalism or a living Constitution?
View of Boston in 1730.

Civil Unions in the City on a Hill: The Real Legacy of "Boston Judges"

For the English Puritans who founded Massachusetts in 1630, marriage was a civil union, a contract, not a sacred rite.
National Civil Rights Museum recreation of King's Birmingham jail cell.

Letter from a Birmingham Jail

Martin Luther King Jr.'s 1963 letter written from prison remains one of his most famous works.
Image of the Preamble: We The People

On Originalism in Constitutional Interpretation

People continue to interpret the U.S. Constitution in different ways. One way is an originalist framework that favors the Founding Father's intent in 1787.
Hideki Tojo in a courtroom testifying at the Tokyo Trial, guarded by American soldiers.

The Hypocrisies of International Justice

A recent history revisits the Tokyo trial.
President Calvin Coolidge raising his hand behind a podium to be sworn into office.
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Behind America’s First Comprehensive Federal Immigration Law

Even as the primary targets of immigration restrictionism have shifted, the consequences for immigrants remain profoundly shaped by the system created in 1924.
Mississippi Freedom Summer activists and contact list.

What the Civil Rights Act Really Meant

An overlooked effect of the legislation, passed 60 years ago this week, was its powerful message of hope for Black Americans.
Judge Learned Hand.

Learned Hand’s Spirit of Liberty

Eighty years ago, Americans embraced a new definition of their faith: “The spirit of liberty is the spirit which is not too sure that it is right.”
Richard Nixon's face superimposed onto the January 6th protests.

Richard Nixon Would Have Loved the Court’s Immunity Decision

I would know.
James Madison by Gilbert Stewart, 1821.

How the Constitution Unifies the Country

Yuval Levin urges us to take America’s greatest constitutional thinker, James Madison, as our lodestar.
National Guard members deploy near the White House as peaceful protests are scheduled against police brutality and the death of George Floyd, on June 6, 2020 in Washington, D.C.

The Most Dangerous Law in America

The Insurrection Act is a nuclear bomb hidden in the United States code, giving presidents unimaginable emergency power. No President has abused it. Yet.
Image of a man distributing newspapers at a post office.
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The Post Office and Privacy

We can thank the postal service for establishing the foundations of the American tradition of communications confidentiality.
Star-Herb Medicines and Teas for all Diseases, 1923.
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How Government Helped Birth the Advertising Industry

Advertising went from being an embarrassing activity to a legitimate part of every company’s business plans—despite scant evidence that it worked.
The Tontine Building, Wall Street, New York, 1797.

From “Boring” to “Roaring” Banking

On the mechanics of Wall Street’s influence on key institutions of American democracy, from the New Deal to today.
Picture of the book, "Cracks in the Outfield Wall," by Chris Holaday.

American Legion Baseball, Episode 1

The story of an incident that may have been the first time the issue of race was ever addressed on a baseball field in the Carolinas.
Cover of "The Black Tax"

Tax History Matters: A Q&A with the Author of ‘The Black Tax’

The history of the property tax system and its structural defects that have led to widespread discrimination against Black Americans.
At nighttime, the levels inside the Milton S. Eisenhower Library light up the windows, showing stacks of books and the silhouettes of students working at tables and lounging at chairs, from A Level to B Level and M Level at the top, Johns Hopkins University, Baltimore, Maryland, 1965.

The Education Factory

By looking at the labor history of academia, you can see the roots of a crisis in higher education that has been decades in the making.
Demonstrators protest outside the U.S. Supreme Court in Washington, March 26, 2024.

The Truth About the Comstock Act

The anti-obscenity law is unenforceable and probably unconstitutional. Conservatives still want to use it to ban medication abortions.
Packets of Mifepristone, the abortion pill.
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Judge Kacsmaryk’s Medication Abortion Decision Distorts a Key Precedent

One of the cases on which the judge relies said the opposite of what he claims it did.
U.S. presidential seal

Founding-Era History Doesn’t Support Trump’s Immunity Claim

Historians Rosemarie Zagarri and Holly Brewer explain the anti-monarchical origins of the Constitution and the presidency.
USA. Mardi Gras. New Orleans. 1990.
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How Mardi Gras Traditions Helped LGBTQ New Orleans Thrive

The celebrations created space for people to subvert gender norms, as New Orleans' LGBTQ communities built new traditions of their own.
Black and white image of Abraham Lincoln, with the edges of his face out of focus.

No Slaves, No Masters: What Democracy Meant to Abraham Lincoln

A detailed look on Abraham Lincoln's political philosophy on slavery, ownership, and freedom.

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.

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