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U.S. Constitution

The President Who Would Not Be King

Executive power and the Constitution.

Republicans and Democrats Are Describing Two Different Constitutions

Conservatives and liberals both cite the nation’s charter, but they’re not talking about the same parts of it.
Painting by Titus Kaphar entitled "Page 4 of Jefferson’s ‘Farm Book"

How Proslavery Was the Constitution?

A review of a book by Sean Wilentz's "No Property in Man," which argues that the document is full of anti-slavery language.

How Did the Constitution Become America’s Authoritative Text?

A new history of the early republic explores the origins of originalism.

The Original Constitution of the United States: Religion, Race, and Gender

The Constitution of 2018 is not the Constitution written by the Framers in 1787, and no one should wish otherwise.
Painting of the signing of the Constitution.

The Original Theory of Constitutionalism

The debate between "originalism" and the "living constitution" rages on. What does history say?

Our Trouble with Sex: A Christian Story?

"Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century" by Geoffrey R. Stone.

Were the Framers Democrats?

Review of The Framers' Coup: The Making of the United States Constitution, by Michael J. Klarman.
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.
Drawing of the fight between two congressional representatives titled "Congressional pugilists," 1798.

Alien Enemies, Alien Friends, and the Concept of “Allegiance”

With controversy raging over the Alien Enemies Act, how should we understand the concept it invoked?
James Madison behind a swirling pattern.

Musk’s Madisonian Insight—And Its Troubling Consequences

DOGE's seizure of government databases is not just an act of bureaucratic reorganization. It is an act of constitutional restructuring.
Flags of Native American tribes at Omaha Beach memorial.

No, Native American Citizenship Does Not Support Limits on Birthright Citizenship

This defense misconstrues both the Constitution and the Supreme Court decisions relying on it.
President Franklin Roosevelt, seated with the CCC.

A Constitutional Rule on Federal Spending

USAID grants may have cracked constitutional spending limits.
Donald Trump holding up a fist.

The Man Madison Warned Us Against

He authored the Constitution to forestall the rise of a despotic president. We’ll soon see if those safeguards suffice.
Portrait of Abraham Lincoln, 1858.

A Constitutionalist or a Revolutionist?

Which one was Abraham Lincoln?
Supreme Court sign proclaims "equal justice under law."

What Happens If Trump Defies the Courts

Do judges have the power to enforce their rulings if the executive branch refuses to comply?
A collage of the United States Constitution, seal, and a hand holding two small American flags.

The Attack on Birthright Citizenship Is a Big Test for the Constitution

Does the text mean what it plainly says?
Collage of the American flag and the preamble to the Constitution.

The Historical Challenge to Originalism

Jonathan Gienapp's attack on originalism deserves a serious response.
Newborn babies sleeping in a maternity ward.

The Coming Assault on Birthright Citizenship

The Constitution is absolutely clear on this point, but will that matter?
President Roosevelt signs the proclamation naming December 15 as Bill of Rights Day.

The Reinvention of the Bill of Rights

The New Deal-era creation of “Bill of Rights Day” obscures the real nature and guardrails of American liberty.
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.
Photo of Framer  James A. Bayard then a modern day photo of Congresswoman Liz Cheney.

How Past and Present Catch Up With Each Other

The election of 1801 offers a first-hand example of how current events can offer historians new perspectives on the past.
Attendees look at a map of the U.S. electoral college during the Republican National Convention (RNC) near the Fiserv Forum in Milwaukee.
partner

The Debate That Gave Us the Electoral College

John Dickinson's contributions to the Constitution continue to reverberate today.
Sheriff Joe Arpaio riding in the back of a convertible car painted like an American flag.

Are Sheriffs Above the Law?

Many vignettes of sheriffs in action are dramatic and alarming. But how representative are they?

Not “Three-Fifths of a Person”

What the three-fifths clause meant at ratification.
Damaged glass negative showing children looking at the U.S. Constitution, 1920.
partner

A Nation Is a Living Thing

In the 1920s, many in the U.S. fought for a living Constitution. Plenty of others wanted it dead.
Sheet music depicting a fugitive slave.

Against the Slave Power: the Fugitive Liberalism of Frederick Douglass

Douglass elaborated a political theory attuned to the differential character of law as it applied to slaves and other outlaws.
Illustration of John Roberts, with face obscured by half of the presidential seal.

The Supreme Court Fools Itself

The Roberts Court has made the current crisis of American democracy perpetual.
The Hall of the House of Representatives.

Are We Living Through Another 1850s?

It’s difficult to see how these profound antipathies and fears will dissipate soon through any normal political processes.
Oil on canvas (1993–94) depicting the third signing of the Louisiana Treaty in New Orleans, Louisiana.

Trade, Ambition, and the Rise of American Empire

High ideals have always gone together with economic self-interest in the history of the United States.

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