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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.
by Sarah A. Seo via Made By History on June 27, 2017

Trump’s Defense of Taking Foreign Money Is Historically Illiterate

The Justice Department lawyers are getting the Founding Fathers all wrong.
by Joshua Zeitz via Politico Magazine on June 11, 2017

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.
by Mike Lee via Politico Magazine on May 30, 2017

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.
by Jill Lepore via The New Yorker on May 18, 2017

The Roots of Segregation

"The Color of Law" offers an indicting critique of the progressive agenda.
by Carl Paulus via The American Conservative on May 5, 2017

Why There Was a Civil War

Some issues aren’t amenable to deal making; some principles don’t lend themselves to compromise.
by Yoni Appelbaum via The Atlantic on May 1, 2017

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.
by Lorraine Boissoneault via Smithsonian on April 17, 2017

Divided We Fall

We need a radical solution to avert the disintegration of our political system.
by Ganesh Sitaraman via The New Republic on April 10, 2017
The Supreme Court building.

Knowing How vs. Knowing That: Navigating the Past

How should we interpret the United States Constitution?
by Jonathan Gienapp via Process: A Blog for American History on April 4, 2017

Policing the Colony: From the American Revolution to Ferguson

King George's tax collectors abused police powers to fill his coffers. Sound familiar?
by Chris Hayes via The Nation on March 29, 2017

The History Test

How should the courts use history?
by Jill Lepore via The New Yorker on March 27, 2017
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.
by Richard White via Boston Review on March 22, 2017

Constitutional Originalism and History

Does the most historically minded school of constitutional law push history aside?
by Jonathan Gienapp via Process: A Blog for American History on March 20, 2017

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.
by Christopher F. Petrella via Black Perspectives on November 14, 2016

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

Religious "freedom" and "liberty" have always had different connotations.
by Stephanie Russell-Kraft via Religion Dispatches on October 12, 2016

The Strange Career of Free Exercise

How efforts to bolster religious liberty set off a chain of unintended consequences.
by Garrett Epps via The Atlantic on April 4, 2016
Justice Oliver Wendell Holmes.

Going Negative

Judicial dissent in the Supreme Court has a long history.
by Thomas Healy via Boston Review on November 12, 2015
Crowds of people surrounding the General Land Office and accompanying tents

Hail to the Pencil Pusher

American bureaucracy's long and useful history.
by Mike Konczal via Boston Review on September 21, 2015
Full text of the First Amendment to the U.S. Constitution, etched in stone.

What Does It Mean To Make America "Christian?"

The "Christian Amendment" and the push for Christianity to be established as the national religion of the United States.
by Charles Louis Richter via (Ir)religion In America on February 26, 2015

The Missing Right: A Constitutional Right to Vote

In the era of the voting wars, the right to vote is itself a subject of continued partisan, regional, and racial conflict.
by Jonathan Soros, Mark Schmitt via Democracy Journal on May 1, 2013
Civil War rifles mounted on wall
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Straight Shot: Guns in America

On who has had access to guns in the U.S., and what those guns have meant to the people who have owned them.
via BackStory on January 25, 2013

Founding Fathers, Founding Villains

A review of a handful of new books that embody the new liberal originalism.
by William Hogeland via Boston Review on September 1, 2012
Lithograph of James Madison from Portrait and Biographical Album of Washtenaw County, Michigan, 1891, Wikimedia.

The Founders’ Muddled Legacy on the Right to Bear Arms Is Killing Us

A case of 18th-century politicking has stymied our ability to deal with a 21st-century crisis.
by William Hogeland via AlterNet on August 14, 2012
Poster for U.S. Census reading "Have your papers ready," featuring Uncle Sam writing in book
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Beyond Numbers: A History of the U.S. Census

To mark the culmination of Census 2010, we explore the fascinating story of how Americans have counted themselves.
via BackStory on December 22, 2010

Prior Convictions

Did the Founders want us to be faithful to their faith?
by Jill Lepore via The New Yorker on April 14, 2008

Dead or Alive: Originalism as Popular Constitutionalism in Heller

Was the 2008 Heller decision a victory for originalism or a living Constitution?
by Reva B. Siegel via Yale Faculty Scholarship Series on January 1, 2008

Don’t Despair About the Supreme Court

In 2005, Howard Zinn explained why it was naive to depend on the Court to defend the rights of marginalized Americans.
by Howard Zinn via The Progressive on October 21, 2005
Caricature drawing of Charles Black

Pursuing the Pursuit of Happiness

Traditional Supreme Court precedent may depend too much on substantive due process to safeguard human rights.
by Laurence H. Tribe via New York Review of Books on September 24, 1998

To Keep and Bear Arms

A challenge to the "Standard Model" scholars who hold that the Second Amendment protects individual gun rights.
by Garry Wills via New York Review of Books on September 21, 1995
Painting of Abraham Lincoln

The Election in November

The Atlantic’s editor endorsed Abraham Lincoln for presidency in the 1860 election, correctly predicting it would prove to be “a turning-point in our history.”
by James Russell Lowell via The Atlantic on October 1, 1860
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