Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
Painting of the constitutional convention

Federalism and the Founders

The question of how to balance state and national power was perhaps the single most important and most challenging question confronting the early republic.
Portrait drawing of 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.
Portrait of Thomas Jefferson

Sunrise at Monticello

Jefferson and his connection to partisanship in early America.
"JOIN, or DIE" political cartoon with illustration of a severed snake

The Memes That Made Us

The origin story of “one nation, indivisible.”
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.

The Late Murray Rothbard Takes on the Constitution

A lost volume of American history finds the light of day.

The Fourth Battle for the Constitution

The latest struggle to define America's founding charter will define the country for generations to come.

Washington’s Legacy for American Jews: ‘To Bigotry No Sanction’

In 1790, as the First Amendment was being ratified, George Washington made a promise to American Jews.

How Did the Constitution Become America’s Authoritative Text?

A new history of the early republic explores the origins of originalism.

The Woman Whose Words Inflamed the American Revolution

Mercy Otis Warren used her wit to agitate for independence.

Free from the Government

The origins of the more passive view of the freedom of the press can be traced back to Benjamin Franklin.

Executing 'Idiots'

Would the Founders have protected people we execute now?

How the NRA Rewrote the Second Amendment

The Founders never intended to create an unregulated individual right to a gun.

Founding Fathers, Founding Villains

A review of a handful of new books that embody the new liberal originalism.
Lithograph of James Madison from Portrait and Biographical Album of Washtenaw County, Michigan, 1891, Wikimedia.

The Founders’ Muddled Legacy on the Right to Bear Arms Is Killing Us

A case of 18th-century politicking has stymied our ability to deal with a 21st-century crisis.

Battleground America

One nation, under the gun.

Dead or Alive: Originalism as Popular Constitutionalism in Heller

Was the 2008 Heller decision a victory for originalism or a living Constitution?
A picture of a woman at a protest against Islamophobia.

The Most Patriotic Act

A warning from September 2001 about government overreach in the name of national security.