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Black and white photo of African American girl attending a white segregated school

A Powerful, Forgotten Dissent

Among the thousands of cases the Supreme Court has decided, only a handful of dissenting opinions stand out.
Abortion opponents hold signs reading "I Vote Pro-life First" outside Supreme Court

Abortion and Partisan Entrenchment

The modern Republican Party has tied itself to Roe v. Wade. With the Supreme Court's decision in Dobbs, the party is vulnerable to new issues.
New York, 1929, men pointing to a sign reading "No Booze Sold Here"

Freedom From Liquor

Ken Burns’ account of prohibition tells a popular story of booze in America. The historical record is far more sobering.
Drawing of a voting booth on top of a gerrymandered district with a saw cutting the floor out from under it.

American Democracy Was Never Designed to Be Democratic

The partisan redistricting tactics of cracking and packing aren’t merely flaws in the system—they are the system.
Black and white side by side of Presidents Nixon and Trump

Watergate's Ironic Legacy

Amidst the January 6 hearings, the fiftieth anniversary of Nixon’s scandal reminds us that it has only gotten harder to hold presidents accountable.
Justice William O. Douglas. Photography from Bachrach / Getty

Scooping the Supreme Court

The first Roe v. Wade leaks happened fifty years ago.
Drawing of aerial view of vast room of cubicles.

The 20-Year Boondoggle

The Department of Homeland Security was supposed to rally nearly two dozen agencies together in a streamlined approach to protecting the country. So what the hell happened?
Cover of "The Anti-Oligarchy Constitution" by Joseph Fishkin and William E. Forbath.

American Social Democracy and Its Imperial Roots

This post is part of a symposium on “The Anti-Oligarchy Constitution,” a new book by Joseph Fishkin and William E. Forbath.
Painting of George Washington in New York, 1783, surrounded by a crowd.

The Many American Revolutions

Woody Holton’s "Liberty is Sweet" charts not only the contest with Great Britain over “home rule” but also the internal struggle over who should rule at home. 
Chuck Grassley looking at his phone during confirmation hearing

A Brief Guide to Supreme Court Confirmation Hearings, the Silliest Ritual In Washington

Supreme Court confirmation hearings feature senators talking a lot, and nominees nodding politely until they can leave.
John Brown, 1859

Paving the Way to Harpers Ferry: The Disunion Convention of 1857

Southern pro-slavery states weren't the only states calling for disunion before the Civil War erupted.
Pastoral landscape with classical architecture. Copy after Thomas Cole’s “Dream of Arcadia”, by Robert Seldon Duncanson, 1852.

An Ugly Preeminence

On the devout abolitionists who excoriated American exceptionalism.
A print based on David Gilmour Blythe's fanciful painting of Lincoln writing the Emancipation Proclamation

The Emancipation Proclamation: Annotated

Abraham Lincoln proclaimed freedom for enslaved people in America on January 1, 1863. Today, we've annotated the Emancipation Proclamation for readers.
A picture of armed militias

What the Term “Gun Culture” Misses About White Supremacy

The rise of tactical gun culture among civilians reveals a new front in the U.S. battle against nativist authoritarianism.
‘This Little Boy would persist in handling Books Above His Capacity—and this was the Disastrous Result’; cartoon of Andrew Johnson by Thomas Nast, 1868

He Was No Moses

While he opposed slavery and southern secession early in his career, as president Andrew Johnson turned out to be an unsightly bigot.
logo for the website, a clouded background and the words Law and Political Economy Project.

The Long History of Anti-CRT Politics

The history of anti-racial justice rhetoric.
Rioters during the January 6th capitol siege

White Supremacists Declare War on Democracy and Walk Away Unscathed

The United States has a terrible habit of letting white supremacy get away with repeated attempts to murder American democracy.
Montpelier, the home of James Madison in Orange, Virginia

Is History for Sale?

The omnipresence of slavery at historic sites today seems intended to tarnish remarkable achievements and promote the cause of identity politics.
Men looking at conservative publications spread across a table

My Father and the Birth of Modern Conservatism

The inspiration for the 1964 “Extremism in the defense of liberty” speech he wrote for Barry Goldwater.
Luther Martin
partner

For Constitution Day, Let's Toast the Losers of the Convention

Anti-federalist Luther Martin's agenda failed at the Constitutional Convention, but his criticisms of the Founders may still resonate with us today.
The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.
Close up illustration of Frederick Douglass

An American Conception of Justice

Historians have demonstrated how central racism has been to the formation of the U.S. But many of those same ideas have also been vital to combating white supremacy.
Black and white photo of four children holding hands and dressed up in 18th century outfits

A Surprising Factor Influenced How the Framers Voted

The more sons a Founding Father had, the more supportive he was of a strong centralized government.
Artistic photo of John Marshall

America’s ‘Great Chief Justice’ Was an Unrepentant Slaveholder

John Marshall not only owned people; he owned many of them, and aggressively bought them when he could.
Collage of demonstrators, boots, jeans, and a van

The Incredible True Adventure of Five Gay Activists in Search of the Black Panther Party

Communes, free love, coming out, getting arrested, consciousness-raising rap sessions, gun shooting, acid dropping, and trying to be macrobiotic at McDonald’s.
A grandiose cream mansion

A Radical Gettysburg Address

A behind-the-scenes look at Lincoln's Gettysburg Address.

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.
Pro-Trump protesters gather outside the U.S. Capitol in Washington on Jan. 6
partner

Talk of Secession Always Gets U.S. History Wrong

Americans have always been deeply divided.

How the Modern NRA Was Born at the Border

A conversation between a historian and the creator of a new documentary short about NRA leader Harlon Carter.
Rick Santorum
partner

Rick Santorum and His Critics are Both Wrong About Native American History

The Founders terrorized and exterminated Native Americans instead of learning from them.

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