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The Debate Over Executive Orders Began With Teddy Roosevelt's Mad Passion for Conservation

Teddy used nearly 10 times as many executive orders as his predecessor. The repercussions are still felt today.
by Lorraine Boissoneault via Smithsonian on April 17, 2017
“Authority of Law” statue by James Earle Frasier in front of the United States Supreme Court building.

Which History in Obergefell v. Hodges?

The Supreme Court legalized same-sex marriage by framing it as a historical evolution of liberty, dignity, and equality under the Constitution.
by Nancy F. Cott via Perspectives on History on July 1, 2015

A Supreme Court Justice Wrote the Greatest “No Kings” Essay in History

This opinion is a milestone in the rule of law and is regularly cited by conservative and liberal justices alike.
by Gerard Magliocca via Slate on July 10, 2025
President Franklin Roosevelt, seated with the CCC.

A Constitutional Rule on Federal Spending

USAID grants may have cracked constitutional spending limits.
by Robert Natelson via Law & Liberty on February 20, 2025
Strom Thurmond speaking to the Senate Judiciary Committee in favor of Ed Carnes' confirmation to the bench.

The Fight for Justice Starts with Blocking Judges Who Are “Tough on Crime”

The story of how Ed Carnes became a judge offers crucial lessons for those who hope to unwind the policies of mass incarceration.
by Robert L. Tsai via Public Books on November 13, 2024
"We the People" collage.

Is It Time to Torch the Constitution?

Some scholars say that it’s to blame for our political dysfunction—and that we need to start over.
by Louis Menand via The New Yorker on September 23, 2024
William Howard Taft, with the Supreme Court building under construction in the background.

The Architect of Our Divided Supreme Court

100 years ago, Chief Justice William Howard Taft made the Court more efficient and more powerful, marking a turning point whose effects are still being felt.
by Jill Lepore via The New Yorker on January 22, 2024
Lincoln being sworn in by Chief Justice Taney.

We Are Already Defying the Supreme Court

The risks of calling on politicians to push back against the court must be weighed against the present reality of a malign judicial dictatorship.
by Samuel Moyn, Ryan D. Doerfler via Dissent on January 22, 2024

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.
by Gautham Rao, Thomas Wolf via Brennan Center For Justice on January 16, 2024
Samuel Chase.

An Intemperate Man: The Impeachment of Justice Samuel Chase

The presence of Federalist judges frustrated Thomas Jefferson and his Democratic-Republican Party, bring justice Samuel Chase under fire.
by Michael Liss via 3 Quarks Daily on June 19, 2023
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.
by Jill Lepore via The New Yorker on October 26, 2022
Graphic design of a red, fractured United States on a yellow background

There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory

Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution.
by J. Michael Luttig via The Atlantic on October 3, 2022
A police officer stands with another officer in front of a house, as a hand holding a speculum appears in the foreground.

How Women Were Made to Suffer for Their Abortions Before Roe v. Wade

Interrogated, examined, blackmailed: how law enforcement treated abortion-seeking women before Roe.
by Leslie J. Reagan via Slate on September 10, 2021
Artistic photo of John Marshall

America’s ‘Great Chief Justice’ Was an Unrepentant Slaveholder

John Marshall not only owned people; he owned many of them, and aggressively bought them when he could.
by Paul Finkelman via The Atlantic on June 15, 2021
Men and women workers marching in a 1914 May Day parade.

Time Is the Universal Measure of Freedom

In our own era of uncontrolled working hours, controlling our time is a vision of freedom worth capturing.
by Mike Konczal via Boston Review on January 8, 2021

The Framers of the Constitution Didn’t Worry About ‘Originalism’

History shows that the text is far more complex than the legal doctrine might indicate.
by Jack Rakove via Washington Post on October 16, 2020

Racist Litter

A review of Eric Foner's The Second Founding.
by Randall Kennedy via London Review of Books on July 30, 2020
Sandra Day O'Connor

How the Supreme Court Justice Sandra Day O’Connor Helped Preserve Abortion Rights

When Ronald Reagan nominated Sandra Day O’Connor to be the first woman on the Supreme Court, her views on abortion became a source of intense speculation.
by Evan Thomas via The New Yorker on March 27, 2019

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