Photo of Donald Trump at a podium and pointing.

The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal

Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
Political cartoon of Trump praying at the foot of a Jefferson Davis statue.

What Happened When the U.S. Failed to Prosecute an Insurrectionist Ex-President

After the Civil War, Jefferson Davis, was to be tried for treason. Does the debacle hold lessons for the trials awaiting Donald Trump?
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.
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What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office

Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.
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.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
Linda Brown Smith, Ethel Louise Belton Brown, Harry Briggs, Jr., and Spottswood Bolling, Jr., 1964
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Brown v. Board of Education: Annotated

The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.
Collage of Supreme Court and 14th amendment-related images.

Reversing the Legacy of Slaughter-House

A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago.
Wong Kim Ark's departure statement overlayed with his portrait.

How the Fight for Birthright Citizenship Shaped the History of Asian American Families

Even after Wong Kim Ark successfully took his case to the Supreme Court 125 years ago, Asian Americans struggled to receive recognition as U.S. citizens.
Alexander Hamilton stands guard over the U.S. Treasury building in Washington.

The Constitutional Case for Disarming the Debt Ceiling

The Framers would have never tolerated debt-limit brinkmanship. It’s time to put this terrible idea on trial.
Portraits of white men.

How 155 Angry White Men Chained Alabama to Its Confederate Past

Their plan required not only a social and legal division along racial lines but a political one, too — a separation that persists today.
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
Eric Foner sits in an arm chair on stage during an interview, holding a microphone.

“Originalism Is Intellectually Indefensible”

On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.
Supreme Court and college admissions illustration.

The Anti-Antiracist Court

How the Supreme Court has weaponized the Fourteenth Amendment and Brown v. Board of Education against antiracism.
Constance Motley and Randolph Rankin attending City Hall budget hearing, February 25, 1965

The Legal Mind of Constance Baker Motley

The story of Motley's legal career prior to Brown v. Board, and her crucial participation in it.
Portrait photo of Justice Ketanji Brown Jackson
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Justice Jackson Offered Democrats a Road Map for Securing Equal Rights

Tying the fight for equal rights to the founders and the Constitution has worked before.
illustration of a hand with a shredded ballot

John Roberts’s Long Game

Is this the end of the Voting Rights Act?
Photo of the Supreme Court Building

The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens.
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.
Contemplation of Justice statue

The Supreme Court’s Selective Memory

The Court’s striking down of a New York gun law relies on a fundamentally anti-democratic historical record that excludes women and people of color.