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Antonin Scalia with Ronald Reagan, William Rehnquist, and Warren Burger at a press conference announcing Scalia's nomination to the Supreme Court.

The Return of the Common Law?

The originalist revolution will never be complete until we fully appreciate the natural law roots of the common law.
by Steven Hayward via Law & Liberty on September 9, 2024
The statue "Authority of Law" by artist James Earle Fraser is seen outside the U.S. Supreme Court Building in Washington, D.C., in 2010.
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The Supreme Court's 2nd Amendment Mistake

Consequences mattered to the Founders—and that meant early American judges upheld major gun restrictions.
by Saul Cornell via Made By History on July 26, 2024
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
by Sean Wilentz via New York Review of Books on July 4, 2024
Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
by Duncan Hosie via New York Review of Books on June 18, 2024
A gavel smashing a wooden house.

The Constitutional Case Against Exclusionary Zoning

America is suffering from a severe housing shortage. A crucial tool may lie in the Constitution.
by Ilya Somin, Joshua Braver via The Atlantic on June 12, 2024
Aziz Rana.

Aziz Rana Wants Us to Stop Worshipping the Constitution

A conversation with the legal scholar on why it is unusual that the Constitution is core to American national identity.
by Aziz Rana, Daniel Steinmetz-Jenkins via The Nation on June 3, 2024
Frozen truck on icy road

The Frozen Trucker and the Fugitive Slave

On the TransAm Trucking case, legal reasoning, and the Fugitive Slave Act.
by Barry Goldman via 3 Quarks Daily on May 27, 2024
A cartoon Trump is shooed away by a hand in a judge's robe

The Case for Disqualification

Three years later, amid another national election, the American public is still slow to understand the enormity of January 6, 2021.
by Sean Wilentz via New York Review of Books on January 30, 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
The cover of "The Deadline" by Jill Lepore.

The Hold of the Dead Over the Living

A conversation with Jill Lepore about the past decade — “a time that felt like a time, felt like history.”
by Jill Lepore, Julien Crockett via Los Angeles Review of Books on January 2, 2024
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.
by Jud Campbell via The Panorama on November 27, 2023
Group of freedmen and women posing for a picture.

How Could ‘Freedmen’ Be a Race-Neutral Term?

An opinion from Justice Clarence Thomas exposed the limits of originalism.
by Adam Serwer via The Atlantic on July 7, 2023
Justice Clarence Thomas.

Clarence Thomas Wants to Demolish Indian Law

The conservative justice is on course for an originalist fight with Neil Gorsuch.
by Matt Ford via The New Republic on June 23, 2023
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.
by Ilan Wurman via Law & Liberty on April 3, 2023
Ron Desantis, his face partially covered by books, with soft gold lighting on his face and the book spines

The Forgotten Ron DeSantis Book

The Florida governor’s long-ignored 2011 work, "Dreams From Our Founding Fathers," reveals a distinct vision of American history.
by David Waldstreicher via The Atlantic on February 22, 2023
Billy Graham leading a prayer at the Republican National Convention, Miami, Florida, August 1968; Richard Nixon is at right.

Victimhood and Vengeance

The contemporary rise of Christian nationalism in the US is a reactionary response to the country’s liberalization over the past half-century.
by Linda Greenhouse via New York Review of Books on January 19, 2023
Photo of E.P.A Headquarters, shot through a bush

How Government Ends

Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.
by Lisa Heinzerling via Boston Review on September 28, 2022
A celebration outside the Supreme Court on June 24, in Washington. (Steve Helber/AP)
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The Christian Right’s Version of History Paid Off on Abortion and Guns

How Christian conservatives' version of American history shaped the Supreme Court’s abortion and gun decisions.
by Lauren R. Kerby via Made By History on July 18, 2022
Evangelical lobbyist Peggy Nienaber (R) claims she prayed with Supreme Court justices as her organization was writing amicus briefs on cases like Dobbs.

Can SCOTUS Majority Learn the Lessons of Early America Before it's Too Late?

Breaking down the myths of originalism and America's founding.
by J. L. Tomlin, Thomas Lecaque via Religion Dispatches on July 18, 2022

Break the History Addiction

July 4 and the perils of celebrating America’s past.
by David Armitage via New York Daily News on July 3, 2022
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
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Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.
by Laura Briggs via Made By History on May 3, 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
Artistic collage of the preamble to the U.S. Constitution.

Was Emancipation Constitutional?

Did the Confederacy have a constitutional right to secede? And did Lincoln violate the Constitution in forcing them back into the Union and freeing the slaves?
by James Oakes via New York Review of Books on April 20, 2022
U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
by Earl M. Maltz via National Review on February 3, 2022
The United States Supreme Court building.
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‘Originalism’ Only Gives the Conservative Justices One Option On a Key Gun Case

Regulations limiting armed travel in public, particularly in populous areas, stretch back over seven centuries.
by Saul Cornell via Made By History on November 3, 2021
President Madison ending the Embargo Act cartoon

James Madison and the Debilitating American Tendency to Make Everything About the Constitution

The U.S. Constitution was the reason for Madison and Hamilton's breakup.
by William Hogeland via Hogeland's Bad History on October 11, 2021
Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.
by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020
Revolutionary War reenactment.

The Second-Amendment Case for Gun Control

It's a myth that the Founders opposed the regulation of deadly weapons.
by Saul Cornell via The New Republic on August 4, 2019
Supreme Court building under dark rainclouds.

Critics of the Administrative State Have a History Problem

If they return governance to its 19th century roots, they will also do away with courts' ability to review agency action.
by Sophia Z. Lee via LPE Project on August 1, 2019

How Did the Constitution Become America’s Authoritative Text?

A new history of the early republic explores the origins of originalism.
by Karen J. Greenberg via The Nation on February 7, 2019
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