Statue of Dred Scott and wife

Allegiance, Birthright, and Race in America

What the Dred Scott v. Sandford case meant for black citizenship.
A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
Demonstrators protesting Trump's immigration policy toward Muslims outside the Supreme Court.
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How To Resist Bad Supreme Court Rulings

What Dred Scott teaches us about thwarting bad law.

Dred Scott Strains the Mystic Chords

Dred Scott was an opportunity to settle what the South had previously been unable to achieve either legislatively or judicially.
Dred Scott.

Setting the Records Straight: U.S. Officers’ Pay Claims “Vouching” for Slavery

Military archives reveal the brutal history of slavery in the U.S. Army.
Abraham Lincoln.

The Two Constitutions

James Oakes’s deeply researched book argues that two very different readings of the 1787 charter put the United States on a course of all but inevitable conflict.
The Fuller Court

Whose Side Is the Supreme Court On?

The Supreme Court and the pursuit of racial equality.
Frederick Douglass

Frederick Douglass and the Trouble with Critical Race Theory

A favorite icon of critical race theory proponents doesn’t say what they want him to say.

How Abraham Lincoln Fought the Supreme Court

As Lincoln recognized, it's not enough to question the decisions, justices, or even the structure of the Court. We need to challenge the foundation of its power.
Painting of the signing of the Declaration of Independence.

The Nation Is Imperfect. The Constitution Is Still a 'Glorious Liberty Document.'

As part of its “1619” inquiry into slavery's legacy, The New York Times revives 19th century revisionist history on the founding.
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How the Supreme Court Fractured the Nation — and How It Threatens to Do So Again

Abortion and America’s new sectional divide.

The Real Origins of Birthright Citizenship

Its purpose 150 years ago was to incorporate former slaves into the nation.

Citizenship Shouldn't Be a Birthright

Guaranteeing citizen status simply for being born here is a deliberate misreading of the Fourteenth Amendment.

No Rights Which the White Man Is Bound to Respect

The spectre of Dred Scott is haunting St. Louis.
Caricature drawing of Charles Black

Pursuing the Pursuit of Happiness

Traditional Supreme Court precedent may depend too much on substantive due process to safeguard human rights.
Abraham Lincoln campaigning with the Wide Awakes.

The Club of Cape-Wearing Activists Who Helped Elect Lincoln—and Spark the Civil War

The untold story of the Wide Awakes, the young Americans who took up the torch for their antislavery cause and stirred the nation.
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.
A mobile of the American flag's stars and bars hanging over a cradle.

Why Republicans Keep Calling for the End of Birthright Citizenship

It’s about more than immigration.
Collage showing people gathering at the site of school shootings.

The Second Generation of School Shootings

The fear that overtook us that day in 1988 was unfamiliar to most Americans. Now all too many know how it feels.