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

An inquiry into a utopian vision of abolitionism.

A Definitive Case Against the Electoral College

Why the framers created the Electoral College — and why we need to get rid of it.

Tear Down This Statue

The shameful career of Roger Sherman, mild-mannered Yankee.
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.
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.
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.

The Late Murray Rothbard Takes on the Constitution

A lost volume of American history finds the light of day.
Trump at a press conference.
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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.

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.
Congress in session.
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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.

Preaching a Conspiracy Theory

The 1619 Project offers bitterness, fragility, and intellectual corruption—not history.

The Framers’ Answers to Three Myths About Impeachment

Three misunderstood aspects of our governmental system, and the truth pulled directly from the Federalist Papers
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.

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

Who gets to decide what the Constitution really means?

The 40-Year War

William Barr’s long struggle against congressional oversight.
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.

The Electoral College Was Terrible From the Start

It’s doubtful even Alexander Hamilton believed what he was selling in “Federalist No. 68.”
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.
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.

There’s One Heresy That Sets Bernie Apart From All Other Dem Contenders to Unseat Trump

And it’s not simply that he calls himself a socialist.
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The Constitutional Revolution a Century Ago That Is Shaping the 2020 Election

And why we need another one.

What Two Crucial Words in the Constitution Actually Mean

I reviewed publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thought.

Congressional Action on Yemen May Be the First Salvo Against Presidential War Powers

President Trump’s skirting around Congress to sell arms to Saudi Arabia is only the latest example of presidential overreach.

wE’rE a rEPuBLiC nOt A dEMoCRacY

A political usage guide for a feckless commentariat.
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James Madison Responds to Sean Wilentz

Madison's Notes of the Constitutional Convention answer a current argument on the Electoral College.

Empire of the Census

America’s long history of manipulating its headcount for political gain.

The Case for Impeachment

Starting the process will rein in a president undermining American ideals—and bring the debate into Congress, where it belongs.
A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.

America’s Original Sin

Slavery and the legacy of white supremacy.
Supreme Court Chief Justice John Marshall; painting by Henry Inman, 1832.

Hail to the Chief

“John Marshall...exhibited a subservience to the executive branch that continues to haunt us.”

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