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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.
Senator Joseph McCarthy (left) during the Army-McCarthy hearings, with Pvt. G. David Schine (center) and Roy Cohn (right), June 7, 1954, in Washington, DC.

McCarthyite Laws Targeting Leftists Are Still on the Books Across the Country

Communists were excluded from an Oklahoma Pride festival recently, a reminder of how easily the Red Scare’s mechanisms for state repression can be revived.
U.S. Supreme Court building where "Equal Justice Under Law" is written in stone.

The Originalist Case for Affirmative Action?

The argument made recently by Kim Forde-Mazrui may not be in good faith, but it does raise important questions about the meaning of the Constitution.
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.
Big Bill Haywood, Adolph Lessing, and Carlo Tresca, Paterson, New Jersey, 1913.

The Wobblies and the Dream of One Big Union

A new history examines the lost promise and fierce persecution of the IWW.
A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Campaign signs from the Carpenters and Millwrights union supporting Michigan Governor Grace Whitmer.
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Michigan Repealed Its ‘Right-to-Work’ Law, a Victory for Organized Labor

Labor activists can learn from the decades-long campaign to undermine their influence by focusing on state-level action to bolster their cause.
Abraham Lincoln, sitting.

Lincoln and Democracy

Lincoln's understanding of the preconditions for genuine democracy, and of its necessity, were rooted in this rich soil. And with his help, ours could be, too.
A portrait of Supreme Court Justice Samuel Chase, nicknamed "Old Bacon Face," painted by John Beale Bordley in 1836.

Can a Supreme Court Justice Be Impeached? Meet ‘Old Bacon Face.’

Samuel Chase was the only Supreme Court justice to be impeached, after he openly campaigned for a president and told jurors who he thought was guilty.
Drawing of five women in uniform aprons and white bonnets.

Law, Medicine, Women’s Authority, and the History of Troubled Births

A new book "examines legal cases of women accused of infanticide and concealment of stillbirth."
A painting of the American Founders at the Constitutional Convention.

Inventing American Constitutionalism

On "Power and Liberty," a condensed version of Gordon Wood's entire sweep of scholarship about constitutionalism.
Collage of images: UC Berkeley clocktower, professor Tim White in 1979, and a collection of boxes of human remains labeled as "clavicle, vertibrae," etc.

A Top UC Berkeley Professor Taught With Remains That May Include Dozens of Native Americans

Despite decades of Indigenous activism and resistance, UC Berkeley has failed to return the remains of thousands of Native Americans to tribes.
World War I era African American soldier.

Black Virginians and the American Revolution

Enslaved conspirators in far-flung Accomack County forced some whites to rethink any legislative efforts aiding Black Virginians.
SCLC leader Wyatt T. Walker and Jackie Robinson tour the ruins of Mount Olive Baptist Church, Sasser, Georgia, September 9th, 1962.

‘A Model Southern Sheriff’: Z.T. Mathews and the 1962 Fight for Voting Rights in Terrell County

A glaring portrait of the human cost of law enforcement officers who claim to be above the law.
An illustration of a family tree that is filled with money.

The Getty Family’s Trust Issues

Heirs to an iconic fortune sought out a wealth manager who would assuage their progressive consciences. Now their dispute is exposing dynastic secrets.
Bike helmets and traffic signs.

The Cult of Bike Helmets

The history—and danger—of a modern safety obsession.
Donald Trump
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Trump’s Call to Suspend the Constitution Betrays the Lawlessness of Law and Order

Trump champions “law and order” while calling for the Constitution’s suspension. But there’s no tension between the two.
The outline of a U.S. map with a fire symbol in the middle.

Why the U.S. Is Losing the Fight to Ban Toxic Chemicals

How the U.S. became a global laggard in chemical regulation.
Black and white scale of justice.

The Blindness of ‘Color-Blindness’

When the Supreme Court heard oral arguments on the future of affirmative action, I knew I had to be there.
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.
The Supreme Court in 1904.

The Insular Cases Survive Because the American Legal System Keeps Them Safe

The justices’ decision not to hear challenges to the explicitly racist Insular Cases is part of a long tradition of favoring process over substance.
Cover of "Escape to the City" featuring an urban neighborhood.

Fugitive Slaves in the Antebellum South and the Question of Freedom in American History

The oft forgetten story of fugitive slaves whose escape from bondage found them in the Antebellum South's major cities.
Cartoon of Madame Restell and Mrs. Bird accompanied by a skeleton.

Female Physicians in Antebellum New York City

"Female physicians" did a lot more than provide abortions, but abortion soon encompassed how others perceived their work.
Cherokee Nation Principal Chief Chuck Hoskin Jr. with Kimberly Teehee

Cherokee Nation Is Fighting for a Seat in Congress

Thanks to an 1835 treaty, they’re pushing Democrats to approve a nonvoting delegate.
Print shows Rebel troops killing the citizens of Lawrence, Kansas, and setting fire to the buildings.

Where Will This Political Violence Lead? Look to the 1850s.

In the mid-19th century, a pro-slavery minority used violence to stifle a growing anti-slavery majority, spurring their opposition to respond in kind.
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.
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.

Providence Merchant John Brown Gets Rich Privateering in 1776 and 1777

The inventory he provided to tax assessors reveals just how profitable privateering was during the Revolutionary era.
Divers examine an iron anchor underwater.

What a Spanish Shipwreck Reveals About the Final Years of the Slave Trade

Forty-one of the 561 enslaved Africans on board the "Guerrero" died when the illegal slave ship sank off the Florida Keys in 1827.

A Brief History of One of the Most Powerful Families in New York City: The Morgenthaus

An excerpt from a new book on the so-called "Jewish Kennedys."

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