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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
Painting of the Constitutional Convention in black and white.

Fraudulent Document Cited in Supreme Court Bid to Torch Election Law

Supporters of the “independent state legislature theory” are quoting fake history.
by Brian Palmer, Ethan Herenstein via Politico Magazine on September 15, 2022
Drawing of a voting booth on top of a gerrymandered district with a saw cutting the floor out from under it.

American Democracy Was Never Designed to Be Democratic

The partisan redistricting tactics of cracking and packing aren’t merely flaws in the system—they are the system.
by Louis Menand via The New Yorker on August 15, 2022
Gun rights advocates holding Second Amendment rally at which police officer Dick Heller spoke, at the State Capitol in Frankfort, Kentucky, January 31, 2020.

The Remaking of the Second Amendment

The Supreme Court’s expanding interpretation of the Second Amendment threatens longstanding democratic authority to enact gun safety measures.
by Reva B. Siegel, Duncan Hosie via New York Review of Books on June 10, 2022
Capitol rotunda dome.

The Changing Same of U.S. History

Like the 1619 Project, two new books on the Constitution reflect a vigorous debate about what has changed in the American past—and what hasn’t.
by David Waldstreicher via Boston Review on November 10, 2021
The National Archive rotunda, Washington, D.C.

Why Americans Worship the Constitution

The veneration of the Constitution is directly connected to America’s emergence as global hegemon.
by Aziz Rana via Public Seminar on October 11, 2021
A close up of an electoral map from Scribner’s Statistical Atlas of the United States

The Electoral Punt

It can be hard to know what the Founders intended when they didn't know, either.
by Jonathan W. Wilson via Contingent on September 30, 2020
Drawing of two men on horse overlaid with writing regarding prejudice and civil rights

The 14th Amendment Was Meant to Be a Protection Against State Violence

The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
by David H. Gans via The Atlantic on July 19, 2020
Barry Goldwater speaking at a 1964 rally, placing his finger over his lips.

The Western Origins of the “Southern Strategy”

The untold story of the ideological realignment that upended the nation.
by Bruce Bartlett via The New Republic on June 29, 2020

A Post-Mortem

A look at the impeachment of Warren Hastings and the nature of American power.
by Malick W. Ghachem via Age of Revolutions on February 13, 2020
Smudged and revised copy of the Constitution.

The Constitution Is the Crisis

The system is rigged, and it’s the Constitution that’s doing the rigging.
by Sanford Levinson via The Atlantic on October 1, 2019

The Fourth Battle for the Constitution

The latest struggle to define America's founding charter will define the country for generations to come.
by Jeffrey Rosen via The Atlantic on September 25, 2019
Supreme Court building under dark rainclouds.
partner

Could Footnotes Be the Key to Winning the Disinformation Wars?

Armed with footnotes, we can save democracy.
by Karin Wulf via Made By History on August 29, 2019

What Two Crucial Words in the Constitution Actually Mean

I reviewed publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thought.
by Julian Davis Mortenson via The Atlantic on June 2, 2019

What Did the Founders Mean by “Democracy”?

The main issue they were debating was how democratic a representative body should be. And their answer was “not very democratic at all.”
by William Hogeland via William Hogeland blog on October 30, 2018

The Supreme Court Is Headed Back to the 19th Century

The justices again appear poised to pursue a purely theoretical liberty at the expense of the lives of people of color.
by Adam Serwer via The Atlantic on September 4, 2018

Gun Anarchy and the Unfree State

The real history of the Second Amendment.
by Saul Cornell via The Baffler on October 3, 2017
John Lewis speaking in front of the Supreme Court.
original

Litigating the Line Between Past and Present

The Supreme Court is about to take up another blockbuster voting rights case. At its core is a struggle over the limits of history.
by Sara Mayeux on September 29, 2017

No Rights Which the White Man Is Bound to Respect

The spectre of Dred Scott is haunting St. Louis.
by Walter Johnson via Boston Review on September 27, 2017

A Vestige of Bigotry

The Supreme Court and non-unanimous juries.
by Andrew Cohen via The Marshall Project on September 25, 2017
Justice Oliver Wendell Holmes.

Going Negative

Judicial dissent in the Supreme Court has a long history.
by Thomas Healy via Boston Review on November 12, 2015
Ruth Bader Ginsburg sitting on a chair in a room with a fireplace

How Ruth Bader Ginsburg Has Moved the Supreme Court

Despite her path-braking work as a litigator before the Court, she doesn't believe that large-scale social change should come from the courts.
by Jeffrey Toobin via The New Yorker on March 11, 2013
Lithograph of James Madison from Portrait and Biographical Album of Washtenaw County, Michigan, 1891, Wikimedia.

The Founders’ Muddled Legacy on the Right to Bear Arms Is Killing Us

A case of 18th-century politicking has stymied our ability to deal with a 21st-century crisis.
by William Hogeland via AlterNet on August 14, 2012

The Debate Over War Powers

Two legal scholars make the case that President Bush must seek congressional authorization before initiating a preemptive military strike on Iraq.
by Mark R. Shulman, Lawrence J. Lee via American Bar Association on January 1, 2003

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