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Donald Trump speaking into microphone and pointing his finger.

‘I’d Rather Have 10 Ken Starrs Than One Donald Trump’

A new book explores the history of presidents who abused their constitutional power and the citizen movements that stopped them.
by Michael Kruse, Corey Brettschneider via Politico on July 8, 2024
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
by Sean Wilentz via New York Review of Books on July 4, 2024
"The President's House" (The White House), in the nineteenth century, print by Isidore Laurent Deroy after Augustus Kollner, 1848.

Can the Republic Survive Corrupt Presidents?

The Founders knew that executive power was vital but dangerous in any republic.
by Richard Samuelson via Law & Liberty on June 27, 2024
Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
by Duncan Hosie via New York Review of Books on June 18, 2024
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.
by Joseph Nunn via Democracy Journal on June 10, 2024
Pennsylvania Hall in flames.
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Sordid Mercantile Souls

When labor found a common cause — and enemy — with the abolition movement.
by Sean Griffin via HNN on May 21, 2024

‘Brown’ at 70

The rhetorically modest but functionally powerful ruling that ended segregation shouldn’t be misused to forestall other efforts at racial equality.
by Randall Kennedy via The American Prospect on May 17, 2024
Stanford Law School.

Why the Right’s Mythical Version of the Past Dominates When It Comes to Legal “History”

They’re invested in legal education, creating an originalist industrial complex with outsize influence.
by Saul Cornell via Slate on May 14, 2024
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
by Simon Lazarus via The New Republic on March 29, 2024
William Howard Taft, with the Supreme Court building under construction in the background.

The Architect of Our Divided Supreme Court

100 years ago, Chief Justice William Howard Taft made the Court more efficient and more powerful, marking a turning point whose effects are still being felt.
by Jill Lepore via The New Yorker on January 22, 2024

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.
by William Hogeland via Hogeland's Bad History on January 10, 2024
Old City Hall, Wall St., New York City.

Originalism and the Nature of Rights

When we try to recover the “original meaning” of constitutional amendments, we begin with deeply engrained premises about the nature of what we're looking for.
by Jud Campbell via The Panorama on November 27, 2023
A diagram of the parts of a flintlock pistol.

Bad Facts, Bad Law

In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.
by Duncan Hosie via New York Review of Books on November 25, 2023
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
by Garrett Epps via Washington Monthly on November 20, 2023
Gun safety advocates rally in front of the U.S. Supreme Court in 2019
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What the Supreme Court Gets Wrong About the Second Amendment

Government, wrote Alexander Hamilton, should substitute “the mild influence” of the law for “the violent and sanguinary agency of the sword.”
by Dominic Erdozain via Made By History on November 7, 2023
Fourteenth Amendment.

The Fourteenth Amendment's Ambiguous Section Three

Scholars and pundits are suddenly interested in the section disqualifying insurrectionists from offices. But text and history don't offer clear answers.
by Kurt Lash via Law & Liberty on October 20, 2023
Protesters outside the United States Supreme Court.

What Tocqueville Saw in the Courts

Tocqueville understood how constitutional review, without meaningful checks, could enable judicial despotism.
by Alan S. Kahan via Law & Liberty on September 12, 2023
Donald Trump behind bars made of the US Constitution

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.
by Laurence H. Tribe, J. Michael Luttig via The Atlantic on August 19, 2023

Constrain the Court—Without Crippling It

Critics of the Supreme Court think it has lost its claim to legitimacy. But proposals for reforming it must strike a balance with preserving its independence.
by Laurence H. Tribe via New York Review of Books on July 27, 2023
Richard Nixon pointing to a map of Cambodia.

The Unhappy Legal History of the War Powers Resolution

How the law became a staging ground for unrestrained war.
by Mary L. Dudziak via Modern American History on July 8, 2023
Scale, with pile of U.S. states weighing down one end, and the U.S. on the other.

How a Fringe Legal Theory Became a Threat to Democracy

Lawyers tried to use the independent-state-legislature theory to sway the outcomes of the 2000 and 2020 elections. What if it were to become the law of the land?
by Andrew Marantz via The New Yorker on June 5, 2023

General George H. Thomas' Journey From Enslaver to Union Officer to Civil Rights Defender

One of the thousands of white Southerners who supported the Union during the Civil War and a rare example of a slave owner who changed his views on race.
by Christopher J. Einolf via The Conversation on May 31, 2023
The community organizer Sylvester Hoover and Nikole Hannah-Jones, Greenwood, Mississippi; from episode 6 of The 1619 Project.

History Bright and Dark

Americans have often been politically divided. But have the divisions over how we recount our history ever been so deep?
by Adam Hochschild via New York Review of Books on May 2, 2023
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.
by Erik J. Chaput via Commonplace on March 7, 2023
Roger Taney.

On “Mobility and Sovereignty: The Nineteenth-Century Origins of Immigration Restriction”

Examining slavery, Indian removal, and state policies regulating mobility to trace the constitutional origins of immigration restriction in the 1800s.
by Kevin Kenny via Process: A Blog for American History on February 28, 2023
Ron Desantis, his face partially covered by books, with soft gold lighting on his face and the book spines

The Forgotten Ron DeSantis Book

The Florida governor’s long-ignored 2011 work, "Dreams From Our Founding Fathers," reveals a distinct vision of American history.
by David Waldstreicher via The Atlantic on February 22, 2023
Alexander Hamilton stands guard over the U.S. Treasury building in Washington.

The Constitutional Case for Disarming the Debt Ceiling

The Framers would have never tolerated debt-limit brinkmanship. It’s time to put this terrible idea on trial.
by Thomas Geoghegan via The New Republic on January 6, 2023
Drawing of Al Gore at the 2000 Democratic Convention.

Has the United States Ever Been a Democracy?

Jedediah Purdy's new book examines why the U.S. has continuously failed to qualify as a system defined by popular rule.
by Sophia Rosenfeld via The Nation on January 3, 2023
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
by David Cole via New York Review of Books on November 3, 2022
Elder Leslie Mathews, an organizer with Michigan United, joins leaders of the Reproductive Freedom for All campaign as they speak to supporters on July 11 in Lansing, Mich., after turning in 753,759 signatures to qualify for Michigan's November ballot.
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Abortion Initiatives Expose the Promise and Peril of Direct Democracy

Ballot initiatives, referendums, and other forms of direct democracy have a mixed track record of empowering the people.
by Elisabeth Clemens via Made By History on October 27, 2022
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