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A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 2021
Census taker's bag from 1980

Immigration Hard-Liner Files Reveal 40-Year Bid Behind Trump's Census Obsession

The Trump administration tried and failed to accomplish a count of unauthorized immigrants to reshape Congress, the Electoral College and public policy.
by Hansi Lo Wang via NPR on February 15, 2021
Civil rights era photo of young people protesting for voting rights in between black and white photos of black people lined up to vote

American Democracy Is Only 55 Years Old—And Hanging by a Thread

Black civil-rights activists—and especially Black women—delivered on the promise of the Founding. Their victories are in peril.
by Vann R. Newkirk II via The Atlantic on February 11, 2021
Two images of the same incarcerated man, one from 1979, the other from 2015.

The Case That Made Texas the Death Penalty Capital

In an excerpt from his new book, ‘Let the Lord Sort Them,’ Maurice Chammah explains where a 1970s legal team fighting the death penalty went wrong.
by Maurice Chammah via The Marshall Project on January 26, 2021
"Join or Die" snake political cartoon.

The Iron Cage of Erasure: American Indian Sovereignty in Jill Lepore’s 'These Truths'

Lepore’s framework insists that the “self-evident” truths of the nation’s founding were anything but.
by Ned Blackhawk via Diplomatic History on December 29, 2020
Alexander Hamilton on the ten dollar bill

What We Still Get Wrong About Alexander Hamilton

Far from a partisan for free markets, the Founding Father insisted on the need for economic planning. We need more of that vision today.
by Michael Busch, Christian Parenti via Boston Review on December 14, 2020

‘America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument

Enabling sustained minority rule at the national level is not a feature of our constitutional design, but a perversion of it.
by George Thomas via The Atlantic on November 2, 2020
COVID-19 particles with the bill of rights written over them

The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward

An overlooked corner of the Constitution hints at a right to be protected from infection.
by Alexander Zhang via The Atlantic on October 21, 2020

The Framers of the Constitution Didn’t Worry About ‘Originalism’

History shows that the text is far more complex than the legal doctrine might indicate.
by Jack Rakove via Washington Post on October 16, 2020
A close up of an electoral map from Scribner’s Statistical Atlas of the United States

The Electoral Punt

It can be hard to know what the Founders intended when they didn't know, either.
by Jonathan W. Wilson via Contingent on September 30, 2020

Racist Litter

A review of Eric Foner's The Second Founding.
by Randall Kennedy via London Review of Books on July 30, 2020

The World’s Human Rights Convention and the Paradox of American Abolitionism

An inquiry into a utopian vision of abolitionism.
by Bennett Parten via Journal of the History of Ideas Blog on July 29, 2020

A Definitive Case Against the Electoral College

Why the framers created the Electoral College — and why we need to get rid of it.
by Sean Illing, Jesse Wegman via Vox on July 21, 2020

Tear Down This Statue

The shameful career of Roger Sherman, mild-mannered Yankee.
by Richard Kreitner via The Baffler on July 6, 2020
Illustration of Founders signing the Declaration of Independence.

How the Meaning of the Declaration of Independence Changed Over Time

When Thomas Jefferson penned ‘all men are created equal,’ he did not mean individual equality, says Stanford scholar.
by Jack Rakove, Melissa De Witte via Stanford University on July 1, 2020
Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.
by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020
Illustrated man with a top hat, sitting next to headstones.

The Left Side of History

Historians have been too much the ideological allies of Progressivism to permit themselves to see its master flaw.
by Allen C. Guelzo via Claremont Review of Books on May 4, 2020

The Late Murray Rothbard Takes on the Constitution

A lost volume of American history finds the light of day.
by Jeffrey Rogers Hummel via Reason on April 20, 2020
Trump at a press conference.
partner

Covid-19 Needs Federal Leadership, Not Authoritarianism from Trump

Official responses to the yellow fever epidemic of 1793 shows that the refusal to accept responsibility can have catastrophic consequences.
by Grace Mallon via Made By History on April 14, 2020

I Helped Fact-Check the 1619 Project. The Times Ignored Me.

The paper’s series on slavery made avoidable mistakes. But the attacks from its critics are much more dangerous.
by Leslie M. Harris via Politico Magazine on March 6, 2020
Congress in session.
partner

Why Impeachment Was the Answer to 17th-Century Tyranny

Charles I was charged with high treason, waging war against his people and conspiring to deprive them of their rights and liberties.
by Susan Amussen via Made By History on January 24, 2020

Preaching a Conspiracy Theory

The 1619 Project offers bitterness, fragility, and intellectual corruption—not history.
by Allen C. Guelzo via City Journal on December 8, 2019

The Framers’ Answers to Three Myths About Impeachment

Three misunderstood aspects of our governmental system, and the truth pulled directly from the Federalist Papers
by Garry Wills via New York Review of Books on December 3, 2019
Andrew Johnson impeachment.

The Common Misconception About ‘High Crimes and Misdemeanors’

The constitutional standard for impeachment is different from what’s at play in a regular criminal trial.
by Frank O. Bowman III via The Atlantic on October 22, 2019

Sanctuaries Protecting Gun Rights and the Unborn Challenge the Legitimacy of Federal Law

Who gets to decide what the Constitution really means?
by John E. Finn via The Conversation on October 15, 2019

The 40-Year War

William Barr’s long struggle against congressional oversight.
by Brad Miller via The American Prospect on September 9, 2019
Political cartoon about Reconstruction.

The Buried Promise of the Reconstruction Amendments

The historical context of the amendments passed in the wake of the Civil War, Eric Foner argues, are widely misunderstood.
by Eric Foner, Isaac Chotiner via The New Yorker on September 9, 2019

The Electoral College Was Terrible From the Start

It’s doubtful even Alexander Hamilton believed what he was selling in “Federalist No. 68.”
by Garrett Epps via The Atlantic on September 8, 2019
Painting of the signing of the Declaration of Independence.

The Nation Is Imperfect. The Constitution Is Still a 'Glorious Liberty Document.'

As part of its “1619” inquiry into slavery's legacy, The New York Times revives 19th century revisionist history on the founding.
by Timothy Sandefur via Reason on August 21, 2019
Supreme Court building under dark rainclouds.

Critics of the Administrative State Have a History Problem

If they return governance to its 19th century roots, they will also do away with courts' ability to review agency action.
by Sophia Z. Lee via LPE Project on August 1, 2019
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