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Then President Donald Trump, right, and Joe Biden, then the Democratic presidential nominee, during the U.S. presidential debate at Belmont University in Nashville, Tenn., on Oct. 22, 2020.
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The Biden-Trump Rematch May Mark the End of an Era

Over the course of U.S. history, presidential rematches have signaled momentous political upheavals.
A presidential portrait of George Washington.

The Enduring Power of Purim

Since colonial times, the Book of Esther has proved a powerful metaphor in American politics.
Rip Van Winkle painting by Albertis del Orient Browere, 1833.
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Age Before Duty

What role does age play in determining the status of equals?
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.

At Supreme Court, Corporations Misuse History in Cases on Agency Power

A pair of lawsuits claim that courts were a strong check against federal agency power in early America, but history shows otherwise.

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.
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.
Supreme Court Justice Clarence Thomas.

Conservatives’ Favorite Legal Doctrine Crashes Into Reality

Originalism is all the rage on the right, but a gun case at the Supreme Court is exposing its absurdity—even to the conservative justices.
Enslaved people working on South Carolina Plantation.

A Historian Complicates the Racial Divide

"African Founders" corrects some of the ideological uses of Black American history.
Gun safety advocates rally in front of the U.S. Supreme Court in 2019
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What the Supreme Court Gets Wrong About the Second Amendment

Government, wrote Alexander Hamilton, should substitute “the mild influence” of the law for “the violent and sanguinary agency of the sword.”

Hamilton’s System

Who is the father of American capitalism?
Painting of Reverend Lemuel Haynes preaching

The Revolution Within the American Revolution

Supported and largely led by slaveholders, the American Revolution was also, paradoxically, a profound antislavery event.
Group portrait of the first African-American legislators in Congress, 1872.

Reclaiming the American Story

To Heather Cox Richardson, the battle for our history is the battle for our democracy. And we may be nearing the endgame.

Martin Luther King’s Dream at 60

King offered Americans the choice between acting in accordance with the Constitution and resistance to change.  In many ways, we face the same choice today.
Donald Trump behind bars made of the US Constitution

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.
Tweet by Josh Hawley of a quotation he falsely attributes to Patrick Henry.

Senator Josh Hawley Tweeted a Christian Nationalist Quote Falsely Attributed to Patrick Henry

It was actually from a 1950s antisemitic and white supremacist magazine. Who cares?
Great Smoky Mountains, North Carolina.

"If America Doesn't Become America": Outlander and the American Revolution

"Outlander" challenges the myth of American exceptionalism at the root of much U.S. popular culture.
Jacob Duché delivers the first prayer in the Continental Congress, 1774.

The Traitor Chaplain Who Gave Government Prayer to America — A 4th of July Corrective

When drafting the Constitution, our founders had no need of prayer.
Painting of Washington and the Continental Army in winter.

Congressional Conflict of Interest

A foundational flaw of the United States.
Political cartoon of American resistance against British colonial power.

Interposition: A State-Based Constitutional Tool That Might Help Preserve American Democracy

Interposition was a claim that American federalism needed to preserve some balance between state and national authority.

Republicans Have Won the Senate Half the Time Since 2000 Despite Winning Fewer Votes than Democrats

How the Senate has become a bastion of Republican minority rule.
Pierce Butler

The Irish Signatory to the US Constitution Who was Also a Slave-Owner

Other emigrants such as Wolfe Tone did not compromise their principles in unfamiliar environments.
Henry Arthur McArdle’s The Battle of San Jacinto (1895), depicting the final battle of the Texas Revolution of 1836.

The Long American Counter-Revolution

Historian Gerald Horne has developed a grand theory of U.S. history as a series of devastating backlashes to progress—right down to the present day.
The Capitol Building in ruins within a US-shaped crater.

Why Our Country Is Too Big Not to Fail

Maybe the United States was doomed from the start. And Jean-Jacques Rousseau can explain why.
Michigan Gov. Gretchen Whitmer (D) and Florida Gov. Ron DeSantis (R).
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Two Opposing Approaches To Public Health May Be on the Ballot in 2024

Governors Ron DeSantis and Gretchen Whitmer took opposite approaches to covid in swing states — but each sailed to reelection.
Supreme Court justices with their heads in boxes made from the Constitution.

Originalism Is Bunk. Liberal Lawyers Shouldn’t Fall For It.

The more liberals present originalist arguments, the more they legitimate originalism.
Elder Leslie Mathews, an organizer with Michigan United, joins leaders of the Reproductive Freedom for All campaign as they speak to supporters on July 11 in Lansing, Mich., after turning in 753,759 signatures to qualify for Michigan's November ballot.
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Abortion Initiatives Expose the Promise and Peril of Direct Democracy

Ballot initiatives, referendums, and other forms of direct democracy have a mixed track record of empowering the 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.
Image of a cross combined with a scale to symbolize the connection of religion and justice in today's America.

The Supreme Court Has Ushered In a New Era of Religion at School

For two centuries, America had kept questions of church and state at bay. The country is not ready for the ones to come.
James Madison
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What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.

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