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America’s Struggle for Moral Coherence

The problem of how to reconcile irreconcilable values is what led to the Civil War. It hasn’t gone away.
by Andrew Delbanco via The Atlantic on November 12, 2018

The Real Origins of Birthright Citizenship

Its purpose 150 years ago was to incorporate former slaves into the nation.
by Martha S. Jones via The Atlantic on October 31, 2018

You Probably Don't Know This About U.S. Elections

From voting rights to the electoral college, a brief explainer on three widespread misconceptions about voting.
by Alex Keyssar via Harvard Kennedy School on October 30, 2018

Can Trump Really End Birthright Citizenship?

Not directly. But it's more complicated than you think.
by Imani Perry via Colorlines on October 30, 2018

Fighting to Vote

Voting rights are often associated with the Civil Rights Movement, but this fight extends throughout American history.
by Michael Tomasky via New York Review of Books on October 22, 2018
Voters casting ballots in 2008.

Why the Right to Vote is Not Enshrined in the Constitution

How voter suppression became a political weapon in American politics.
by Sean Illing, Allan J. Lichtman via Vox on September 17, 2018

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.
by Garrett Epps via The Atlantic on July 10, 2018
Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
by Eric Foner via The Nation on July 9, 2018

Court-Packing is the Democrats’ Nuclear Option for the Supreme Court

Why an FDR plan from the 1930s is suddenly popular again.
by Dylan Matthews via Vox on July 2, 2018

Artificial Persons

The long road to "Citizens United."
by David Cole via The Nation on June 6, 2018

Bearing Arms vs. Hunting Bears

The persistence of a mythic second amendment in contemporary Constitutional culture.
by Saul Cornell via The Panorama on June 4, 2018

The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.
by Allen Mendenhall via Los Angeles Review of Books on May 24, 2018

The Only Way to Find Out If the President Can Be Indicted

Scholars disagree on existing precedents—and the question won’t be settled until evidence leads a prosecutor to try it.
by Garrett Epps via The Atlantic on May 23, 2018

Standing Armies: The Constitutional Debate

Why did Alexander Hamilton and James Madison take up the cause of the very thing that revolutionaries had vehemently opposed?
by Griffin Bovée via Journal of the American Revolution on May 8, 2018

Company Men

The 200-year legal struggle that led to Citizens United and gave corporations the rights of people.
by Kim Phillips-Fein via The New Republic on March 29, 2018

Taft and Trump

Much more than time separates the 27th president from the 45th.
by Jeffrey Rosen via The Atlantic on March 19, 2018

Separation of Power

To make a more perfect union, don’t look to the Founding Fathers.
by William Hogeland via Lapham’s Quarterly on March 14, 2018

The Second Amendment Does Not Transcend All Others

Its text and context don’t ensure an unlimited individual right to bear any kind and number of weapons by anyone.
by Garrett Epps via The Atlantic on March 8, 2018

What America Gets Wrong About Three Important Words in the Second Amendment

The NRA misquotes George Mason to support its own view of "well-regulated militia."
by Robyn Pennacchia via Quartz on February 24, 2018
original

How We Learned to Love the Bill the Rights

A new book argues that the fetishization of the first ten amendments is a recent thing – and that it comes at a cost.
by Sara Mayeux on February 8, 2018

Could the 25th Amendment Be Trump’s Downfall?

An explanation of the provision that allows for the removal of a president who is deemed by others to be unable to serve.
by Jon Meacham via TIME on January 11, 2018
Lithograph by Winslow Homer titled "Thanksgiving Day in the Army" depicting soldiers pulling apart a wishbone.

A Confederate Curriculum

How Miss Millie taught the Civil War.
by Jonathan Zimmerman via Lapham’s Quarterly on November 6, 2017

Five Types of Gun Laws the Founding Fathers Loved

A Second Amendment scholar makes the case that gun restrictions are not a recent phenomenon.
by Saul Cornell via The Conversation on October 15, 2017

Inside the Founding Fathers’ Debate Over What Constituted an Impeachable Offense

If not for three sparring Virginia delegates, Congress’s power to remove a president would be even more limited.
by Erick Trickey via Smithsonian on October 2, 2017
Painting of the signing of the Constitution.

The Gun Argument That’s Not Even Wrong

Why the “Founders’ Intent” doesn’t matter.
by Yonatan Zunger via NewCo Shift on October 2, 2017

History Frowns on Partisan Gerrymandering

On the eve of a major redistricting case at the Supreme Court, a look back at what the nation's founders would have thought.
by Michael Waldman, Cliff Sloan via Washington Post on October 1, 2017

Impeachment, American Style

It’s our democracy’s ultimate weapon for self-defense. But does intense political opposition justify its use?
by Cass R. Sunstein via The New Yorker on September 20, 2017
partner

How the Fight Over Civil Forfeiture Lays Bare the Contradictions in Modern Conservatism

The brewing conflict between originalism and law-and-order politics.
by Sarah A. Seo via Made By History on July 24, 2017

Presidential Revisionism

The New York Times published the flimsiest defense of Trump’s apparent emoluments violations yet.
by Gautham Rao, Jed Handelsman Shugerman via Slate on July 17, 2017
Elizabeth Freeman.
partner

How Two Massachusetts Slaves Won Their Freedom — And Then Abolished Slavery

What today's activists can learn from their victories.
by Ben Railton via Made By History on July 3, 2017
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