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President Woodrow Wilson riding as a passenger in a two seater car with his chauffeur, George Howard.

States’ Rights or Inalienable Rights?

Some early progressives may have been advocates of states’ rights, but they misunderstood the philosophy of the American Founding.
by Samuel Postell via Law & Liberty on November 13, 2024

How Woodrow Wilson’s Privileged Southern Upbringing Influenced His Love Life

In Wilson’s chivalric framework, women were required to be submissive precisely so that men could protect the weaker sex.
by Christopher Cox via Literary Hub on November 8, 2024
Supreme Court building.

Lifetime Tenure for Supreme Court Justices Has Outlived Its Usefulness

While letting justices serve during “good behavior” was designed to encourage impartiality, it now tends to promote the opposite effect.
by Jack Rakove via Brennan Center For Justice on October 15, 2024
A duel.
partner

Mud-Slinging and Deadly Duels: How Negative Campaigning Evolved

The factionalized press was the site of campaigning in the U.S.'s first contested presidential elections.
via Retro Report on September 6, 2024
Photo of Supreme Court Justices posing in gowns.

The Origin of Specious

Originalism is not so much an idea as a legal-industrial complex divided into three parts—the academic, the jurisprudential, and the political.
by Garrett Epps via Washington Monthly on August 25, 2024
Chief Justice Earl Warren (left), President Richard Nixon (center), and Chief Justice Warren E. Burger (right).

I Argued ‘U.S. v. Nixon.’ The Supreme Court’s New Ruling on Presidential Immunity Appalled Me.

Fifty years after ruling against a corrupt president, the Court has now decided that presidents are above the law.
by Philip Allen Lacovara via The Bulwark on July 8, 2024
Chief Justice John Roberts attending the State of the Union.

J. Roberts et al. v. A. Lincoln

As the Supreme Court invents a law to negate all others, Chief Justice John Roberts now ranks just below Roger Taney.
by Harold Meyerson via The American Prospect on July 8, 2024
Chief Justice John Roberts at the State of the Union on March 7.

The Supreme Court Turns the President Into a King

The conservative justices have ignored history altogether and created a shocking new precedent: The president is above the law.
by Holly Brewer via The New Republic on July 1, 2024

The Electoral College and Slavery

It's easy to get this one wrong.
by William Hogeland via Hogeland's Bad History on May 24, 2024
Demonstrators protest outside the U.S. Supreme Court in Washington, March 26, 2024.

The Truth About the Comstock Act

The anti-obscenity law is unenforceable and probably unconstitutional. Conservatives still want to use it to ban medication abortions.
by Hassan Ali Kanu via The American Prospect on April 9, 2024
Painting of Mercy Otis Warren by John Singleton Copley.

Mercy Otis Warren, America’s First Female Historian

At the prodding of John and Abigail Adams, Mercy Otis Warren took on a massive project: writing a comprehensive history of the Revolutionary War.
by Nancy Rubin Stuart via The Saturday Evening Post on March 18, 2024
U.S. presidential seal

Founding-Era History Doesn’t Support Trump’s Immunity Claim

Historians Rosemarie Zagarri and Holly Brewer explain the anti-monarchical origins of the Constitution and the presidency.
by Rosemarie Zagarri, Holly Brewer via Brennan Center For Justice on February 21, 2024
Antonin Scalia speaking at a Federalist Society event.

How the Federalist Society Conquered the American Legal System

How the Federalist Society became the engine of the conservative legal movement—and where it might be headed next.
by Peter Shamshiri, Rhiannon Hamam, Michael Liroff, Amanda Hollis-Brusky via Balls And Strikes on February 13, 2024
The cover of "The Deadline" by Jill Lepore.

The Hold of the Dead Over the Living

A conversation with Jill Lepore about the past decade — “a time that felt like a time, felt like history.”
by Jill Lepore, Julien Crockett via Los Angeles Review of Books on January 2, 2024
Photo of Donald Trump at a podium and pointing.

The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal

Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
by Lawrence Lessig via Slate on December 20, 2023
Capital Hill at night.
partner

Government Shutdowns Were Never Necessary Anyway

Government shutdowns only became possible in 1980, when the Attorney General offered a new interpretation of an 1870 law.
by M. A. Davis via Made By History on November 16, 2023
Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.
partner

What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office

Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.
by Elizabeth R. Varon via Made By History on November 15, 2023
U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.
by Eric Foner, Ted Widmer via The Guardian on November 15, 2023
Picture of Frederick Douglass overlaid on a poster advertising a speech of his.

The Annotated Frederick Douglass

In 1866, the famous abolitionist laid out his vision for radically reshaping America in the pages of "The Atlantic."
by Frederick Douglass, David W. Blight via The Atlantic on November 13, 2023
Join, or Die , a 1754 political cartoon by Benjamin Franklin.

A Shotgun Wedding

Barely-disguised hostilities sometimes belied the rebels’ declared identity as the United States of America.
by Lynn Uzzell via Law & Liberty on November 9, 2023
Painting of Reverend Lemuel Haynes preaching

The Revolution Within the American Revolution

Supported and largely led by slaveholders, the American Revolution was also, paradoxically, a profound antislavery event.
by Sean Wilentz via New York Review of Books on October 23, 2023
John Trumbull's painting of Alexander Hamilton, 1806 (National Portrait Gallery).

Founding Philosemitism

Alexander Hamilton always believed that the providential protection that kept the small Jewish world alive would embrace his own extraordinary nation.
by Juliana Geran Pilon via Law & Liberty on October 3, 2023
From left: A red and white sign protesting Critical Race Theory, groups of people stand in a parking lot

(White) Christian Roots of Slavery, Native American Genocide, and Ongoing Efforts to Erase History

15th century dogma connects the genocide and land dispossession of Native Americans with the enslavement and oppression of African Americans throughout history.
by Robert P. Jones, Bradley Onish via Religion Dispatches on October 2, 2023
Supreme Court Justice Harlan F. Stone photographed with a book.

The Supreme Court's World War II Battles

Cliff Sloan’s new book explains how the Franklin Roosevelt-shaped Court wrestled with individual rights as the nation fought to save itself and the world.
by Robert L. Tsai via Washington Monthly on September 22, 2023
Title page and verso of a 1727 printing of Plutarch's Lives

"Those Noble Qualities": Classical Pseudonyms as Reflections of Divergent Republican Value Systems

Writing under ancient veneers allowed partisans to politicize and weaponize ancient history during the turbulent start of the Federal Republic.
by Shawn David McGhee via Journal of the American Revolution on August 3, 2023
A mobile of the American flag's stars and bars hanging over a cradle.

Why Republicans Keep Calling for the End of Birthright Citizenship

It’s about more than immigration.
by Martha S. Jones via The Atlantic on July 2, 2023
Supreme Court justice Clarence Thomas and typed footnote

Clarence Thomas Went After My Work. His Criticisms Reveal a Disturbing Fact About Originalism.

If judges are going to use history as their guide, they should probably try to get the history right.
by Gregory Ablavsky via Slate on June 20, 2023
U.S. Supreme Court building where "Equal Justice Under Law" is written in stone.

The Originalist Case for Affirmative Action?

The argument made recently by Kim Forde-Mazrui may not be in good faith, but it does raise important questions about the meaning of the Constitution.
by Tal Fortgang via Law & Liberty on June 5, 2023
Political cartoon of American resistance against British colonial power.

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy

Interposition was a claim that American federalism needed to preserve some balance between state and national authority.
by Christian G. Fritz via Commonplace on June 1, 2023
A 1613 engraving of the July 1609 battle between Samuel de Champlain, his men, their Native allies, and Mohawk soldiers.

The Rediscovery of America: Why Native History is American History

Historian Ned Blackhawk’s new book stresses the importance of telling US history with a wider and more inclusive lens.
by David Smith via The Guardian on May 8, 2023
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