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Two people wearing sunglasses peeking over a fence

Privacy Isn't in the Constitution – But It's Everywhere in Constitutional Law

The Supreme Court has found protections for people’s privacy in several constitutional amendments – and used it as a basis for some fundamental protections.
by Scott Skinner-Thompson via The Conversation on June 15, 2022
Photo of Samuel Alito

Why There Are No Women in the Constitution

There is little mention of abortion in a four-thousand-word document crafted by fifty-five men in 1787. This seems to be a surprise to Samuel Alito.
by Jill Lepore via The New Yorker on May 4, 2022

“Deeply Rooted in this Nation’s History and Tradition"

The bad history in Alito’s draft overturning Roe v. Wade.
by William Hogeland via Hogeland's Bad History on May 3, 2022
Illustration of Spanish slaves unloading ice.

Cuba & the US: Necessary Mirrors

Exponentially more enslaved Africans were forced to the lands that now make up Latin America rather than the United States. Where is their story?
by Geraldo Cadava via Public Books on April 13, 2022
Excerpt from 1950 Census form
partner

The 1950 Census, a Treasure Trove of Data, Was the Last of its Kind

Unveiling the 1950 Census reveals the value of these types of records.
by Dan Bouk via Made By History on April 1, 2022
Colorful portrait collage of Harriet Tubman with stars in the background

The Harriet Tubman Bicentennial Project

The Harriet Tubman Bicentennial Project explores the meaning of freedom through the example of one extraordinary life.
by Janell Hobson via Ms. Magazine on February 1, 2022
A bus, and a Black man at the bus stop standing under a sign for a "Colored Waiting Room."

Homer Plessy Was Never a Criminal. Now His Record Reflects That.

In rejecting Plessy’s argument that the Jim Crow law implied Black people were inferior, the Supreme Court upheld the notion of “separate but equal.”
by Keisha N. Blain via MSNBC on January 5, 2022
The U.S. national debt clock.

Clearing the Air on the Debt Limit

This report clarifies five issues commonly raised in debt limit debates and explores some open questions.
by D. Andrew Austin, Sean M. Stiff via Congressional Research Service on November 10, 2021
Texas Governor Greg Abbott signs state legislation on voting rights.

The Strange Career of Voting Rights in Texas

Republicans in Texas, and indeed around the country, remain hell-bent on going back to the future.
by Derek C. Catsam via The Activist History Review on October 20, 2021
Aerial photograph of the San Fernando Valley in 1953.

How Los Angeles Pioneered the Residential Segregation That Helped Divide America

After real estate agents invented racial covenants in the early 1900s, L.A. led the nation in using them. Their idea of 'freedom' shapes the U.S. today.
by Gene Slater via Los Angeles Times on September 10, 2021
A cartoon by Thomas Nast, depicting Johnson as a king and the race riots that occurred at a Radical Republican convention in New Orleans.

‘The Failed Promise’ Review: The Mad King and the Lost Cause

Frederick Douglass and Republican legislators had high hopes for Andrew Johnson—but ended up impeaching him.
by Randall Fuller via The Wall Street Journal on August 20, 2021
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 2021

The Unreconstructed Radical

Thaddeus Stevens was a fierce opponent of the “odious” compromises in the Constitution, and of the North’s compromises after the Civil War.
by Richard Kreitner via The Baffler on May 13, 2021

The Bloody History of Anti-Asian Violence in the West

One of the largest mass lynchings in the United States targeted Chinese immigrants in Los Angeles.
by Kevin Waite via National Geographic on May 10, 2021
Asian-American men waiting to be questioned by white police officers

Racism Has Always Been Part of the Asian American Experience

If we don’t understand the history of Asian exclusion, we cannot understand the racist hatred of the present.
by Mae Ngai via The Atlantic on April 21, 2021
An map of the U.S. in 1857

Lessons From the Civil Rights Struggle That Began Before the Civil War

The path to equality in the free Northern states was inconceivably steep. But in time, the movement maneuvered from the margins into mainstream politics.
by Kate Masur via Los Angeles Times on April 6, 2021
Photo of former African American woman, Bernette Johnson, wearing judicial robes

The Dissenter

The rise of the first Black woman on the Louisiana Supreme Court was characterized by one battle after another with the Deep South’s white power structure.
by Elon Green via The Appeal on March 2, 2021
Thaddeus Stevens

The Radicalism of Thaddeus Stevens

Thaddeus Stevens understood far better than most that fully uprooting slavery meant overthrowing the South’s economic system and challenging property rights.
by Matthew E. Stanley via Jacobin on March 1, 2021
Census taker's bag from 1980

Immigration Hard-Liner Files Reveal 40-Year Bid Behind Trump's Census Obsession

The Trump administration tried and failed to accomplish a count of unauthorized immigrants to reshape Congress, the Electoral College and public policy.
by Hansi Lo Wang via NPR on February 15, 2021
Ulysses S. Grant statue in front of the capitol
partner

Grant — Not Lincoln or Roosevelt — May Hold the Key to Biden’s Success

Biden needs to stare down White supremacy, which requires strenuous enforcement of the laws.
by Judith Giesberg via Made By History on February 3, 2021
Photo of an interracial couple

On California’s Eugenicist Past

Jane Dailey considers the power of the law to reinforce racism.
by Jane Dailey via Literary Hub on November 17, 2020

‘America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument

Enabling sustained minority rule at the national level is not a feature of our constitutional design, but a perversion of it.
by George Thomas via The Atlantic on November 2, 2020
A row of Supreme Court justices.

Amid National Crises, Lincoln and His Republicans Remade the Supreme Court to Fit Their Agenda

Political contests over the ideological slant of the Court are nothing new.
by Calvin Schermerhorn via The Conversation on October 12, 2020
Headshot of Ruth Bader Ginsburg

The Glorious RBG

I learned, while writing about her, that her precision disguised her warmth.
by Irin Carmon via Intelligencer on September 18, 2020

For the First Time, America May Have an Anti-Racist Majority

Not since Reconstruction has there been such an opportunity for the advancement of racial justice.
by Adam Serwer via The Atlantic on September 8, 2020
Demonstrators with signs reading "Every Person Counts."
partner

Trump’s Push to Skew the Census Builds on a Long History of Politicizing the Count

Who counts determines whose interests are represented in government.
by Paul Schor via Made By History on July 23, 2020
Robert Smalls

What Woodrow Wilson Did to Robert Smalls

We all know, in the abstract, that Wilson was a white supremacist. But here’s how he wielded his racism against one accomplished Black American.
by Aderson François via The New Republic on July 3, 2020

My Grandfather Participated in One of America’s Deadliest Racial Conflicts

J. Chester Johnson on the Elaine Race Massacre of 1919.
by J. Chester Johnson via Literary Hub on May 6, 2020

Is Impeachment Only About Getting a Conviction?

A new history of Andrew Johnson’s trial reminds us the impeachment is a tool to constrain executive abuse of power and publicize dissent on matters of policy.
by Stephanie McCurry via The Nation on January 30, 2020

The Legal Fight That Ended the Unjust Confinement of Mental Health Patients

Ayelet Waldman on the landmark case O’Connor v. Donaldson.
by Ayelet Waldman via Literary Hub on January 21, 2020
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