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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
partner

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
Portrait photo of Justice Ketanji Brown Jackson
partner

Justice Jackson Offered Democrats a Road Map for Securing Equal Rights

Tying the fight for equal rights to the founders and the Constitution has worked before.
by Evan Turiano via Made By History on October 10, 2022
Portrait of Aaron Burr, an American politician and lawyer who was the third vice president of the United States, serving during Thomas Jefferson's first term (1801-1805).

A Former Vice President Was Tried For Treason For an Insurrection Plot

Aaron Burr was the highest-ranking official to stand trial for treason, which some people have invoked now amid probes into ex-president Donald Trump.
by Ronald G. Shafer via Retropolis on September 26, 2022
Black and white photo of the “Star-Spangled Banner” flown during the War of 1812, 1914.

A Fiery Gospel

A conversation about changing the American story.
by Lewis H. Lapham, Kermit Roosevelt III via Lapham’s Quarterly on September 19, 2022
Painting of the Constitutional Convention in black and white.

Fraudulent Document Cited in Supreme Court Bid to Torch Election Law

Supporters of the “independent state legislature theory” are quoting fake history.
by Brian Palmer, Ethan Herenstein via Politico Magazine on September 15, 2022
The American flag depicted upside down, in a beige color scheme.

Making the Constitution Safe for Democracy

The second section of the Fourteenth Amendment offers severe penalties for menacing the right to vote—if anyone can figure out how to enforce it.
by Anthony Conwright via The Forum on August 17, 2022
Political cartoon of Andrew Johnson holding a leaking kettle labeled "The Reconstructed South" towards a woman representing liberty and Columbia, carrying a baby representing the newly approved 14th Amendment.

The Pro-Democratic Fourteenth Amendment

At the heart of recent US Supreme Court decisions, the Fourteenth Amendment was framed to require free speech and free elections in the South.
by Garrett Epps, Livia Gershon via JSTOR Daily on July 22, 2022
Evangelical lobbyist Peggy Nienaber (R) claims she prayed with Supreme Court justices as her organization was writing amicus briefs on cases like Dobbs.

Can SCOTUS Majority Learn the Lessons of Early America Before it's Too Late?

Breaking down the myths of originalism and America's founding.
by J. L. Tomlin, Thomas Lecaque via Religion Dispatches on July 18, 2022
Cartoon of the Supreme Court with its columns tangled.

The Problem of the Supreme Court

It’s time to admit that the nation’s highest court has been a source of harm more often than it’s been a force for justice.
by Louis Michael Seidman via The Nation on June 20, 2022
Artwork of the Supreme Court but with chess pieces used as columns..

The Supreme Court Is Not Supposed to Have This Much Power

And Congress should claw it back.
by Daphna Renan, Nikolas Bowie via The Atlantic on June 8, 2022
James Madison
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What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.
by Donald J. Fraser via HNN on June 5, 2022
Photo of Samuel Alito

Why There Are No Women in the Constitution

There is little mention of abortion in a four-thousand-word document crafted by fifty-five men in 1787. This seems to be a surprise to Samuel Alito.
by Jill Lepore via The New Yorker on May 4, 2022
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
partner

Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.
by Laura Briggs via Made By History on May 3, 2022
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