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.

The Right to Have Rights

Hannah Arendt’s conception of human rights has much to say to our contemporary moment.
original

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.
Layered collage of an eye over the portrait of Thomas Jefferson, against the backdrop of the Declaration of Independence.

Who Really Wrote ‘the Pursuit of Happiness’?

The voice of Doctor Johnson, archcritic of the American Revolution, was constantly in mind for the Declaration of Independence’s drafter.
Mountain with both living and dead trees.
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Did Montana Violate Its Residents’ Right To a Clean Environment?

A new lawsuit builds on 50 years of history in environmental activism.
Shredded "Don't Tread On Me" flag.

The Long Afterlife of Libertarianism

As a movement, it has imploded. As a credo, it’s here to stay.
Painting of pilgrims on a boat embarking towards the New World

One Manner of Law

The religious origins of American liberalism.
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.
A demonstrator outside the Supreme Court as the court rules in the Dobbs v. Women’s Health Organization abortion case on June 24, 2022.
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Overturning Roe Could Threaten Rights Conservatives Hold Dear

Parental rights stem from the same liberty that the Supreme Court just began rolling back.
Image of Martin Luther King Jr. within a jail cell.

What Makes Laws Unjust

King could not accomplish what philosophers and theologians also failed to—distinguishing moral from immoral law in a polarized society.
Picture of the many different people that make up the US.

The Right to Leave

Thomas Jefferson was a proponent of open migration. But who qualified as a refugee?
Brett Kavanaugh
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What Justice Kavanaugh Gets Wrong About Abortion and Neutrality

Calls for the court to remain neutral have long been tools for denying Americans rights.
Close up illustration of Frederick Douglass

An American Conception of Justice

Historians have demonstrated how central racism has been to the formation of the U.S. But many of those same ideas have also been vital to combating white supremacy.
"Head of a Negro" (1777 or 1778), by John Singleton Copley.

The Declaration of Independence’s Debt to Black America

When African Americans allied themselves with the British, the Patriots were enraged, and they acted.
"We the People"; US Constitution

It Would Be Great if the United States Were Actually a Democracy

The pervasive mythmaking about the supposed wisdom of the founders has covered up a central truth: the US Constitution is an antidemocratic mess.
Wallpaper printed in support of the Constitutional Union Party’s presidential candidate, John Bell, in 1860.

A Constitution of Freedom

During the 1860 presidential election, political parties dueled over the intent of the framers.
COVID-19 particles with the bill of rights written over them

The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward

An overlooked corner of the Constitution hints at a right to be protected from infection.

Is Freedom White?

In our current politics we must be attentive to how talk of American freedom has long been connected to the presumed right of whites to dominate everyone else.

What Right to Vote? There’s a Lie at the Heart of American Democracy

The centennial of women’s suffrage which guaranteed all women the right to vote — has a lie at its very core.

The Depression-Era Book That Wanted to Cancel the Rent

“Modern Housing,” by Catherine Bauer, argued—as many activists do today—that a decent home should be seen as a public utility and a basic right.