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Portrait photo of Justice Ketanji Brown Jackson
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
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Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.
Ron DeSantis at podium at CPAC.
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Instead of Boosting Democracy, Primary Elections Are Undermining It

Why our politics are growing ever more extreme — and democracy itself is under siege.
Image of Martin Luther King Jr. within a jail cell.

What Makes Laws Unjust

King could not accomplish what philosophers and theologians also failed to—distinguishing moral from immoral law in a polarized society.
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
Portrait of George Washington on a horse.

Declaring War

Congress hasn't declared it often. The U.S. has fought a lot of war anyway. How?
Painting of the signing of the Declaration of Independence. By John Turnbull, 1818.

Why the American Founding Must Remain Central to Conservatism

An American conservatism which subtly or directly marginalizes the Founding is on a fast track to a conservatism at odds with America’s roots itself.
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
Painting of the constitutional convention

Federalism and the Founders

The question of how to balance state and national power was perhaps the single most important and most challenging question confronting the early republic.

Republicans Are Moving Rapidly to Cement Minority Rule. Blame the Constitution.

Democracy is in trouble, but a lawless coup isn’t the real threat.
‘Flight of Lord Dunmore’; postcard, 1907.

The Paradox of the American Revolution

Recent books by Woody Holton and Alan Taylor offer fresh perspectives on early US history but overstate the importance of white supremacy as its driving force.
Capitol rotunda dome.

The Changing Same of U.S. History

Like the 1619 Project, two new books on the Constitution reflect a vigorous debate about what has changed in the American past—and what hasn’t.
President Madison ending the Embargo Act cartoon

James Madison and the Debilitating American Tendency to Make Everything About the Constitution

The U.S. Constitution was the reason for Madison and Hamilton's breakup.
Biden in front of George Washington painting
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A Conflict Among the Founders is Still Shaping Infrastructure Debates in 2021

What role should the federal government play in building our infrastructure?

Remembered for the Wrong Reason?

Which personality of the American Revolution or the founding era is remembered for the wrong reasons, and why?
The Fuller Court

Whose Side Is the Supreme Court On?

The Supreme Court and the pursuit of racial equality.
Statue of Dred Scott and wife

Allegiance, Birthright, and Race in America

What the Dred Scott v. Sandford case meant for black citizenship.
Frederick Douglass

Frederick Douglass and the Trouble with Critical Race Theory

A favorite icon of critical race theory proponents doesn’t say what they want him to say.
A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
Toussaint Louverture proclaiming the Constitution of the Republic of Haiti

Contagious Constitutions

In her new book, Colley shows how written constitutions developed both as a way to further justify rulers and to turn rebellions into legitimate governments.

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