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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.
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.
Japanese Americans stand in a line next to a train car, as U.S. military look on

The New Deal's Dark Underbelly

David Beito has penned one of the most damning scholarly histories of FDR to date.
Old City Hall, Wall St., New York City.

Originalism and the Nature of Rights

When we try to recover the “original meaning” of constitutional amendments, we begin with deeply engrained premises about the nature of what we're looking for.
Collage of Supreme Court and 14th amendment-related images.

Reversing the Legacy of Slaughter-House

A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago.
A picture of the front of the Supreme Court.

The Supreme Court’s Faux ‘Originalism’

The conservative Supreme Court's favorite judicial philosophy requires a very, very firm grasp of history — one that none of the justices seem to possess.
Picture of the "Words That Made Us."

Context and Consequences

On Akhil Reed Amar’s “The Words That Made Us,” a new history of America’s constitutional conversation.

There’s One Heresy That Sets Bernie Apart From All Other Dem Contenders to Unseat Trump

And it’s not simply that he calls himself a socialist.

Artificial Persons

The long road to "Citizens United."

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.

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?

Were the Framers Democrats?

Review of The Framers' Coup: The Making of the United States Constitution, by Michael J. Klarman.

The Caging of America

Why do we lock up so many people?

Prior Convictions

Did the Founders want us to be faithful to their faith?

When Constitutional-Law Professors Fight

On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
Cover of "Freedom's Dominion: A Saga of White Resistance To Federal Power"

The Little Man’s Big Friends

A new book seeks to explain why many Americans, especially but not exclusively in the South, have understood freedom as an entitlement for white people.
An American flag stylized as a ball bearing maze.

The United States’ Unamendable Constitution

How our inability to change America’s most important document is deforming our politics and government.
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.