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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."
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.

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.
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.

Five Types of Gun Laws the Founding Fathers Loved

A Second Amendment scholar makes the case that gun restrictions are not a recent phenomenon.

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.
Painting of the signing of the Constitution.

The Gun Argument That’s Not Even Wrong

Why the “Founders’ Intent” doesn’t matter.

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.

Impeachment, American Style

It’s our democracy’s ultimate weapon for self-defense. But does intense political opposition justify its use?
partner

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

The brewing conflict between originalism and law-and-order politics.

Presidential Revisionism

The New York Times published the flimsiest defense of Trump’s apparent emoluments violations yet.
Elizabeth Freeman.
partner

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

What today's activists can learn from their victories.
partner

A Bullet Can Cross the Border. Can the Constitution? The Supreme Court Won’t Say.

The Supreme Court punts on Hernandez v. Mesa, leaving the Constitution lost in the borderlands.

Trump’s Defense of Taking Foreign Money Is Historically Illiterate

The Justice Department lawyers are getting the Founding Fathers all wrong.

How the ‘Hamilton Effect’ Distorts the Founders

Too often, we look to history not to understand it, but to seek out confirmation for our preexisting beliefs. That’s a problem.

How Impeachment Ended Up in the Constitution

James Madison thought of a lot of good reasons to impeach a President. Members of Congress might want to consult his list.

The Roots of Segregation

"The Color of Law" offers an indicting critique of the progressive agenda.

Why There Was a Civil War

Some issues aren’t amenable to deal making; some principles don’t lend themselves to compromise.

The Debate Over Executive Orders Began With Teddy Roosevelt's Mad Passion for Conservation

Teddy used nearly 10 times as many executive orders as his predecessor. The repercussions are still felt today.

Divided We Fall

We need a radical solution to avert the disintegration of our political system.
The Supreme Court building.

Knowing How vs. Knowing That: Navigating the Past

How should we interpret the United States Constitution?

Policing the Colony: From the American Revolution to Ferguson

King George's tax collectors abused police powers to fill his coffers. Sound familiar?

The History Test

How should the courts use history?
Billboard that reads "God Loves You" above an American flag and doves.

One Nation Under Gods

Despite what Steve King says, the U.S. was never a Christian nation.

Constitutional Originalism and History

Does the most historically minded school of constitutional law push history aside?

Slavery, Democracy, and the Racialized Roots of the Electoral College

The Electoral College was created to help white Southerners maintain their disproportionate influence in national governance.

Freedom vs. Liberty: Why Religious Conservatives Have Begun to Chose One Over the Other

Religious "freedom" and "liberty" have always had different connotations.

The Strange Career of Free Exercise

How efforts to bolster religious liberty set off a chain of unintended consequences.
Justice Oliver Wendell Holmes.

Going Negative

Judicial dissent in the Supreme Court has a long history.
Crowds of people surrounding the General Land Office and accompanying tents

Hail to the Pencil Pusher

American bureaucracy's long and useful history.

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