Map of Charleston Harbor, 1822.

Elkison v. Deliesseline: The South Carolina Negro Seaman Act of 1822 in Federal Court

Elkison v. Deliesseline presented a federal court with the question of whether a state could incarcerate and enslave a free subject of a foreign government.
Roger Taney.

On “Mobility and Sovereignty: The Nineteenth-Century Origins of Immigration Restriction”

Examining slavery, Indian removal, and state policies regulating mobility to trace the constitutional origins of immigration restriction in the 1800s.
Crowds of people surrounding the General Land Office and accompanying tents

Hail to the Pencil Pusher

American bureaucracy's long and useful history.
Illustration depicting workmen and firemen dragging a fireman and engineer from a Baltimore freight train during the Baltimore and Ohio Railroad strike.

The Railway Labor Act Allowed Congress to Break the Rail Strike. We Should Get Rid of It.

Congress was able to break the rail strike last week because of a century-old law designed to weaken the disruptive power of unions.
Michikinikwa ("Little Turtle") statue by Douglas Hyde.

Native Prohibition in the Federal Courts

Over the course of the nineteenth and early twentieth centuries, Congress enacted several laws restricting the sale of alcohol to Native Americans.
Painting of Lincoln and his cabinet by M.S. Carpenter, 1863.

Did the Constitution Pave the Way to Emancipation?

In his new book, The Crooked Path to Abolition, James Oakes argues that the Constitution was an antislavery document.

Racism on the Road

In 1963, after Sam Cooke was turned away from a hotel in Shreveport, Louisiana, because he was black, he wrote “A Change Is Gonna Come.” He was right.
A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.