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The Forebears of J.D. Vance and the New Right

Revisiting the Agrarian-Distributists and their fabrication of an American past.

by Olivia Paschal via HNN on September 3, 2024

Photo of Supreme Court Justices posing in gowns.

The Origin of Specious

Originalism is not so much an idea as a legal-industrial complex divided into three parts—the academic, the jurisprudential, and the political.

by Garrett Epps via Washington Monthly on August 25, 2024

Joe Biden sitting in the Oval Office.

There Has Been Nothing Like This in American History

Joe Biden is hardly the first president who has decided not to seek a second term—but the circumstances this time are unique.

by Fred Kaplan via Slate on July 21, 2024

President Joe Biden speaking at campaign event.

The Arguments for Biden 2024 Keep Getting Worse

No, "history" does not tell us that the Democrats shouldn't change their nominee.

by Eric Levitz via Vox on July 9, 2024

Chief Justice John Roberts at the State of the Union on March 7.

The Supreme Court Turns the President Into a King

The conservative justices have ignored history altogether and created a shocking new precedent: The president is above the law.

by Holly Brewer via The New Republic on July 1, 2024

Ross Perot laughing, surrounded by reporters.

Donald Trump Didn’t Spark Our Current Political Chaos. The ’90s Did.

In ‘When the Clock Broke,’ John Ganz revisits the era of Pat Buchanan and Ross Perot to find the roots of our populist moment.

by Becca Rothfeld via Washington Post on June 13, 2024

Image of a man distributing newspapers at a post office.

The Post Office and Privacy

We can thank the postal service for establishing the foundations of the American tradition of communications confidentiality.

by Matthew Wills, Anuj Desai via JSTOR Daily on May 19, 2024

Pro-Palestinian campus protest.

Why Colleges Don’t Know What to Do About Campus Protests

Despite frequent litigation, U.S. courts have created a blurry line that puts administrators in an impossible situation.

by Jack Hodgson via Made By History on April 29, 2024

Richard Slotkin.

“A Theory of America”: Mythmaking with Richard Slotkin

"I was always working on a theory of America."

by Kathleen Belew, Richard S. Slotkin via Public Books on April 19, 2024

Then President Donald Trump, right, and Joe Biden, then the Democratic presidential nominee, during the U.S. presidential debate at Belmont University in Nashville, Tenn., on Oct. 22, 2020.

The Biden-Trump Rematch May Mark the End of an Era

Over the course of U.S. history, presidential rematches have signaled momentous political upheavals.

by Bruce J. Schulman via Made By History on April 4, 2024

Packets of Mifepristone, the abortion pill.

Judge Kacsmaryk’s Medication Abortion Decision Distorts a Key Precedent

One of the cases on which the judge relies said the opposite of what he claims it did.

by Donna J. Drucker via Made By History on March 29, 2024

A presidential portrait of George Washington.

The Enduring Power of Purim

Since colonial times, the Book of Esther has proved a powerful metaphor in American politics.

by Stuart Halpern via Tablet on March 21, 2024

Benjamin Franklin on the 100 dollar bill with a crash test helmet edited onto his head.

The Crash Next Time

Can histories of economic crisis provide us with useful lessons?

by Trevor Jackson via New York Review of Books on March 14, 2024

Ordinance from the 1866 Texas Constitution, renouncing Texas's claim to secession and declaring future attempts null and void.

Secession on the Ballot This Week ... Almost

A measure almost made the Republican Party’s 2024 Texas primary ballot to measure whether party members would support secession from the United States.

by Neil P. Chatelain via Emerging Civil War on March 4, 2024

Why the Long Shadow of Bush v. Gore Looms Over the Supreme Court’s Colorado Case

In the fight over keeping Trump’s name on the ballot, the 2000 decision is a warning but not a precedent.

by E. Tammy Kim via The New Yorker on February 7, 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

A diagram of the parts of a flintlock pistol.

Bad Facts, Bad Law

In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.

by Duncan Hosie via New York Review of Books on November 25, 2023

Ms. Magazine cover, 1972.

We Are Not Alone: 50 Years of Ms. Magazine

Gloria Steinem on the making of America's first feminist publication.

by Gloria Steinem via Literary Hub on September 20, 2023

Robert E. Lee.

Disqualifying Trump via Section Three of the Fourteenth Amendment

by William Hogeland via Hogeland's Bad History on September 16, 2023

Men wielding muskets.

America’s Original Gun Control

Early in our history, firearms laws were everywhere.

by Robert J. Spitzer via The Atlantic on August 12, 2023

Spectators lined up outside the Supreme Court in Washington, D.C., on Oct. 12, 1977, hoping to witness arguments in the Regents of University of California v. Bakke case.

The Uses of Affirmative Action

The right denounced it as “reverse racism,” while the liberal center hailed it as the endpoint of egalitarianism. But it has never been either.

by Adolph Reed Jr. via The Nation on August 9, 2023

Richard Nixon pointing to a map of Cambodia.

The Unhappy Legal History of the War Powers Resolution

How the law became a staging ground for unrestrained war.

by Mary L. Dudziak via Modern American History on July 8, 2023

M. Roland Nachman Jr., William P. Rogers and Herbert Wechsler, the lawyers in "New York Times v. Sullivan."

Keeping Speech Robust and Free

Dominion Voting Systems lawsuit against Fox News' coverage of claims that the company had rigged the 2020 election may soon become an artifact of a vanished era.

by Jeffrey Toobin via New York Review of Books on July 7, 2023

Drag queen Kyel Beardall twirling on stage.

New Anti-Drag Laws Mirror Cross-Dressing Bans From The 1800s: ‘Déjà Vu’

Experts see parallels between modern restrictions on drag shows and the cross-dressing laws that led police to arrest Babe Bean over 120 years ago in California.

by Maham Javaid via Retropolis on June 30, 2023

Protesters holding a sign that reads "Student debt cancelation is legal"

History Says Student Loan Debt Relief Isn’t Un-American

Americans have long demanded — and regularly received — debt relief from legislatures.

by Emily Zackin, Chloe Thurston via Made By History on June 30, 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

Drawing of slave auction

Why Did Governments Compensate Slaveholders for Abolition?

Across the Americas, emancipation moved slowly, and profited those who had benefited from slavery most.

by Yesenia Barragan via Zócalo Public Square on June 19, 2023

Mountain with both living and dead trees.

Did Montana Violate Its Residents’ Right To a Clean Environment?

A new lawsuit builds on 50 years of history in environmental activism.

by Scott Wasserman Stern via Made By History on June 12, 2023

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.

by Tal Fortgang via Law & Liberty on June 5, 2023

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?

by Jeannie Suk Gersen via The New Yorker on May 11, 2023

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