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Police officer, yellow tape, and abandoned bikes and lawnchairs after the Highland Park shooting.
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How Gun Violence and the Supreme Court Have Shaped Second Amendment Rights

Supreme Court rulings on gun laws highlight the struggle to balance individual rights and public safety.
Home owners Loan Corporation map of Detroit.

Beyond Brown: The Failure of Desegregation in the North and America’s Lingering Racial Fault Lines

On the ongoing legal struggle for educational and racial equality across the United States.
Birthright citizenship form, with infant footprints stamped in black ink, on fire.

The Plot Against Birthright Citizenship

The incoming Trump administration wants to take away citizenship for the US-born children of undocumented immigrants. Here’s how.
Supreme Court justices William O. Douglas, Felix Frankfurter, and Owen J. Roberts at the White House.

FDR’s Compliant Justices

The Supreme Court’s deference to FDR during World War II resulted in unjustifiable ethical breaches.
President Woodrow Wilson riding as a passenger in a two seater car with his chauffeur, George Howard.

States’ Rights or Inalienable Rights?

Some early progressives may have been advocates of states’ rights, but they misunderstood the philosophy of the American Founding.

Congress’s Power to Investigate Crime Is More Important Than Ever

A new historical study finds that Congress’s authority to investigate crime is “indispensable” to the system of checks and balances.
Red elephant and blue donkey on the scales of justice.

The Origin of Campaign Finance Reform Troubles

While the Citizens United case created major shifts in campaign contributions and spending, an earlier decision played a bigger role in campaign finance laws.
State Correctional Institution at Camp Hill Administration Building, with a restricted entrance sign in front of its doors.

The Porous Prison

How incarcerated people have become separated from American society.
A monkey listening to a radio with headphones.

The Scopes Trial and the Two Visions of US Democracy

A new history revisits “the Trial of the Century” and its legacy in contemporary politics.
Political cartoon of clothed animals and Anthony Comstock bathing clothed, and cowering at underwear in a store window.

The History and Legacy of Anthony Comstock and the Comstock Laws

As the Heritage Foundation’s Project 2025 proposes to revive the Comstock Act, this seven-part forum explores the Act’s influence on American life.
Collage of a flag, a philosopher, hands in prayer, and a Gothic building.

Learning Civics from History

Civic thought and leadership institutes will thrive if they promote strong scholarship and courses in traditional fields the mainstream academy slights.
A political cartoon depicting Brighma Young walking in front of a group of his wives, the majority of whom are depicted as non-white.
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The Sovereignty of the Latter-day Saints

Less about morality than about rights, the Mormon War of 1858 hinged on the issue of polygamy, pitting a Utah community against federal authorities.
A map of Boston from 1725.

When Did the Police Become a “Machine”?

The journey of America’s police force from a non-professional night watch to a highly visible and professional force.
Collage of civil rights lawyers and school segregation headlines.

In Search of the Broad Highway

Revisiting Meredith v. Fair, we get the inside story of how critical race theory was developed in the years after Brown v. Board of Education.
Supreme Court of the United States.

Deference and Doomposting

Ironically, Chevron deference — which the conservative Supreme Court scrapped last month — began as a conservative legal tool.
Chief Justice John Roberts attending the State of the Union.

J. Roberts et al. v. A. Lincoln

As the Supreme Court invents a law to negate all others, Chief Justice John Roberts now ranks just below Roger Taney.
A gavel smashing a wooden house.

The Constitutional Case Against Exclusionary Zoning

America is suffering from a severe housing shortage. A crucial tool may lie in the Constitution.
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.
Portrait of Creek men.
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A Federal Court Has Ruled Blood Cannot Determine Tribal Citizenship. Here’s Why That Matters.

The struggle over blood and belonging in American Indian communities.
A cartoon Trump is shooed away by a hand in a judge's robe

The Case for Disqualification

Three years later, amid another national election, the American public is still slow to understand the enormity of January 6, 2021.
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.
SECRET stamped multiples times over the United States emblem.

The Troubled History of the Espionage Act

The law, passed in a frenzy after the First World War, is a disaster. Why is it still on the books?
"The American River Ganges," a 1871 political cartoon by Thomas Nast from Harper's Weekly, depicting Catholic priests as foreign crocodiles preying on US children, illustrating the fear behind the proposed Blaine Amendment.

After the Blaine Era

The landscape for educational freedom is finally freed of 19th century prejudices, but other federal constitutional questions remain.
Jonathan Engel
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As SCOTUS Examines School Prayer, Families Behind a Landmark Ruling Speak Out

The Supreme Court opened the door to challenges on school prayer, 60 years after a landmark ruling in Engel v. Vitale.
Barack Obama presents Sylvia Mendez with the Medal of Freedom in 2010.

How an 8-Year-Old Hispanic Girl Paved the Way for Desegregation

Sylvia Mendez’s role in setting the stage for Brown v. Board of Education has been forgotten and overlooked.
The Tri-City ValleyCats played in the Baseball Hall of Fame’s showcase game during induction weekend in 2004.

The Supreme Court May Overturn the Error That Made Major League Baseball Rich

A pair of minor league clubs are asking the court to reverse the league’s lucrative 101-year-old antitrust exemption.
Police with face shields in street

Why Aren’t Cops Held to Account?

Decades of Supreme Court decisions have converted qualified immunity from a commonsense rule into a powerful doctrine that deprives people injured by police misconduct of recourse.
Line graph showing decline in minority enrollment at elite schools after California's Proposition 209.

Supreme Court Bans Affirmative Action: What It Means for College Admissions

Lessons on race-neutral admissions from California.
Supreme Court justice swearing in FDR at inauguration.

When FDR Took On the Supreme Court

The standard narrative of Roosevelt's court-packing efforts casts them as a failure. But what if they were a success?
Justice Clarence Thomas.

Clarence Thomas Wants to Demolish Indian Law

The conservative justice is on course for an originalist fight with Neil Gorsuch.

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