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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
Revolutionary War reenactors shooting muskets.

“Originalist” Arguments Against Gun Control Get U.S. History Completely Wrong

Gun control is actually an American tradition.
by Mary C. Curtis, Robert J. Spitzer via Slate on May 3, 2023
Signage for Hachette Book Group is displayed at BookExpo America in New York.

When You Buy a Book, You Can Loan It to Anyone. This Judge Says Libraries Can’t. Why Not?

The lawsuit against Controlled Digital Lending is about giving corporations—rather than readers, buyers, borrowers, or authors—control over content.
by Michelle M. Wu via The Nation on April 20, 2023
A portrait of Supreme Court Justice Samuel Chase, nicknamed "Old Bacon Face," painted by John Beale Bordley in 1836.

Can a Supreme Court Justice Be Impeached? Meet ‘Old Bacon Face.’

Samuel Chase was the only Supreme Court justice to be impeached, after he openly campaigned for a president and told jurors who he thought was guilty.
by Gillian Brockell via Retropolis on April 7, 2023
President Truman in the Oval Office after presenting three Korean War veterans with the Medal of Honor.

When History Becomes Precedent in the OLC

Official decisions about military intervention and executive power are often based on outdated historical interpretations.
by Mary L. Dudziak via Balkinization on January 16, 2023
The Capitol Building in ruins within a US-shaped crater.

Why Our Country Is Too Big Not to Fail

Maybe the United States was doomed from the start. And Jean-Jacques Rousseau can explain why.
by Matthew Sitman via The New Republic on December 6, 2022
A lithograph of Daniel Webster from William H. Brown’s 1845 series “Portrait Gallery of Distinguished American Citizens”

We Fought Over American National Identity During the Antebellum Period. The Fight Should Be Ongoing.

A new work of history finds the best antidote to today’s authoritarian politics in Daniel Webster’s 19th-century civic nationalism.
by David Marques via The New Republic on November 15, 2022
Flag of the United States Bureau of Indian Affairs

The Supreme Court Case That Could Break Native American Sovereignty

Haaland v. Brackeen could have major consequences for tribes’ right to exist as political entities.
by Rebecca Nagle via The Atlantic on November 8, 2022
Black and white photograph of suffragists standing in front of a car with a banner reading: we demand an amendment to the United States constitution enfranchising women.

The Jewel City: Suffrage at the 1915 San Francisco Panama-Pacific International Exposition

Suffragists coalesced in San Francisco to push for nationwide women' suffrage and send a petition to Congress for the vote.
by Tiffany Wayne via AmericanStudies Blog on October 29, 2022
Eric Foner sits in an arm chair on stage during an interview, holding a microphone.

“Originalism Is Intellectually Indefensible”

On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.
by Eric Foner, Cristian Farias via Balls And Strikes on October 28, 2022
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