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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Official decisions about military intervention and executive power are often based on outdated historical interpretations.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
Black and white photo of African American girl attending a white segregated school

A Powerful, Forgotten Dissent

Among the thousands of cases the Supreme Court has decided, only a handful of dissenting opinions stand out.
by Linda Greenhouse via New York Review of Books on September 15, 2022
Abortion opponents hold signs reading "I Vote Pro-life First" outside Supreme Court

Abortion and Partisan Entrenchment

The modern Republican Party has tied itself to Roe v. Wade. With the Supreme Court's decision in Dobbs, the party is vulnerable to new issues.
by Jack Balkin via Social Science Research Network on September 14, 2022
New York, 1929, men pointing to a sign reading "No Booze Sold Here"

Freedom From Liquor

Ken Burns’ account of prohibition tells a popular story of booze in America. The historical record is far more sobering.
by Mark Lawrence Schrad via Aeon on September 6, 2022
Drawing of a voting booth on top of a gerrymandered district with a saw cutting the floor out from under it.

American Democracy Was Never Designed to Be Democratic

The partisan redistricting tactics of cracking and packing aren’t merely flaws in the system—they are the system.
by Louis Menand via The New Yorker on August 15, 2022
Black and white side by side of Presidents Nixon and Trump

Watergate's Ironic Legacy

Amidst the January 6 hearings, the fiftieth anniversary of Nixon’s scandal reminds us that it has only gotten harder to hold presidents accountable.
by Stuart Streichler via Boston Review on June 16, 2022
Justice William O. Douglas. Photography from Bachrach / Getty

Scooping the Supreme Court

The first Roe v. Wade leaks happened fifty years ago.
by Jane Mayer via The New Yorker on May 6, 2022
Drawing of aerial view of vast room of cubicles.

The 20-Year Boondoggle

The Department of Homeland Security was supposed to rally nearly two dozen agencies together in a streamlined approach to protecting the country. So what the hell happened?
by Amanda Chicago Lewis via The Verge on April 21, 2022
Cover of "The Anti-Oligarchy Constitution" by Joseph Fishkin and William E. Forbath.

American Social Democracy and Its Imperial Roots

This post is part of a symposium on “The Anti-Oligarchy Constitution,” a new book by Joseph Fishkin and William E. Forbath.
by Aziz Rana via LPE Project on April 19, 2022
Painting of George Washington in New York, 1783, surrounded by a crowd.

The Many American Revolutions

Woody Holton’s "Liberty is Sweet" charts not only the contest with Great Britain over “home rule” but also the internal struggle over who should rule at home. 
by Eric Foner via The Nation on April 4, 2022
Chuck Grassley looking at his phone during confirmation hearing

A Brief Guide to Supreme Court Confirmation Hearings, the Silliest Ritual In Washington

Supreme Court confirmation hearings feature senators talking a lot, and nominees nodding politely until they can leave.
by Jay Willis via Balls And Strikes on March 15, 2022
John Brown, 1859

Paving the Way to Harpers Ferry: The Disunion Convention of 1857

Southern pro-slavery states weren't the only states calling for disunion before the Civil War erupted.
by David T. Dixon via Emerging Civil War on February 16, 2022
Pastoral landscape with classical architecture. Copy after Thomas Cole’s “Dream of Arcadia”, by Robert Seldon Duncanson, 1852.

An Ugly Preeminence

On the devout abolitionists who excoriated American exceptionalism.
by Ian Tyrrell via Lapham’s Quarterly on January 26, 2022
A print based on David Gilmour Blythe's fanciful painting of Lincoln writing the Emancipation Proclamation

The Emancipation Proclamation: Annotated

Abraham Lincoln proclaimed freedom for enslaved people in America on January 1, 1863. Today, we've annotated the Emancipation Proclamation for readers.
by Abraham Lincoln via JSTOR Daily on January 1, 2022
A picture of armed militias

What the Term “Gun Culture” Misses About White Supremacy

The rise of tactical gun culture among civilians reveals a new front in the U.S. battle against nativist authoritarianism.
by Chad Kautzer via Boston Review on December 17, 2021
‘This Little Boy would persist in handling Books Above His Capacity—and this was the Disastrous Result’; cartoon of Andrew Johnson by Thomas Nast, 1868

He Was No Moses

While he opposed slavery and southern secession early in his career, as president Andrew Johnson turned out to be an unsightly bigot.
by David S. Reynolds via New York Review of Books on December 16, 2021
logo for the website, a clouded background and the words Law and Political Economy Project.

The Long History of Anti-CRT Politics

The history of anti-racial justice rhetoric.
by Aziz Rana via LPE Project on November 30, 2021
Rioters during the January 6th capitol siege

White Supremacists Declare War on Democracy and Walk Away Unscathed

The United States has a terrible habit of letting white supremacy get away with repeated attempts to murder American democracy.
by Carol Anderson via The Guardian on November 10, 2021
Montpelier, the home of James Madison in Orange, Virginia

Is History for Sale?

The omnipresence of slavery at historic sites today seems intended to tarnish remarkable achievements and promote the cause of identity politics.
by Mark Pulliam via Law & Liberty on October 5, 2021
Men looking at conservative publications spread across a table

My Father and the Birth of Modern Conservatism

The inspiration for the 1964 “Extremism in the defense of liberty” speech he wrote for Barry Goldwater.
by Philip Jaffa via The Bulwark on September 30, 2021
Luther Martin
partner

For Constitution Day, Let's Toast the Losers of the Convention

Anti-federalist Luther Martin's agenda failed at the Constitutional Convention, but his criticisms of the Founders may still resonate with us today.
by Richard Hall via HNN on September 19, 2021
The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.
by Joel Lau, Peter S. Canellos via Politico Magazine on September 8, 2021
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