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The History Test

How should the courts use history?

Forget Hamilton, Burr Is the Real Hero

We can learn more from him in today's political world.
Demonstrators in the June 1968 Poor People's March in Washington, DC.

Why Liberals Separate Race from Class

The tendency to divorce racial disparities from economic inequality has a long liberal lineage.
Dinkytown minimum wage march-Raise the minimum wage protesters at a McDonalds restaurant
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The Birth of the Minimum Wage

On the legal background to the federal minimum wage, established by the Fair Labor Standards Act of 1938.

Mrs. Roosevelt's Revolution

In the wake of the Second World War, Eleanor Roosevelt seized the moment and gave lasting life to the idea of universal human rights.
Benjamin Franklin reading a draft of the Declaration of Independence.

The Evolution of the American Declaration of Independence

The Declaration drew on Enlightenment ideas to assert equality, justify independence, and inspire lasting debates over rights and slavery.
The American flag as two speech balloons.

The Ideal That Underlies the Declaration of Independence

Restoring stability to American politics will require reviving an age-old concept: common ground.
A drawing of an older man and woman sitting in a consulting room.

The Strange Case of Henrietta Wiley

A habitual drunkard’s journey through guardianship and the asylum.
Bill of Rights, 1791.
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The Bill of Rights: Annotated

Proposed as a compromise to ensure the ratification of the new US Constitution, the Bill of Rights has become a critical protector of civil liberties.
Plaque of Marbury v. Madison at SCOTUS Building.
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Marbury v. Madison: Annotated

Justice John Marshall’s ruling on Marbury v. Madison gave the courts the right to declare acts and laws of the other branches unconstitutional.
A magnifying glass rests atop Arthur Schlessinger's THe Cycle of American History.

What If the Political Pendulum Doesn’t Swing Back?

"The Cycles of American History" foresaw American voter dealignment, and an age of voters prioritizing personality over party—but it didn’t anticipate Trump.

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.
National Archives building.
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Scratching the Record

On the long history of governments attempting to restrict access to documents about their inner workings.
Samuel Gompers the president of the American Federation of Labor in December 1920.

America’s Brutal Capitalist Class Tamed Its Labor Movement

The unique brutality of the US capitalist class bred a labor movement that has often limited itself to being a private insurance provider.
Declaration of Independence marked up with red marker.

Here Are the Declaration of Independence’s Grievances Against King George III. Many Apply to Trump.

It’s uncanny.
Engraving of Founding Fathers reading the Declaration of Independence while onlookers rally.

Does America Have a Founding Philosophy?

It depends on how you read the Declaration’s “self-evident” truths.
A row of California National Guardsmen stand atop a top step in riot gear.

Trump’s Deportation Frenzy Echoes the Fugitive Slave Hunts of the 1850s

Trump's crackdown on immigrants bears alarming parallels to the fugitive slave obsessions of the pre-Civil War South.
Illustration equating Israel's “Who is a Jew?” policy with the Nazi selection process.

Jew? Not a Jew?

The untold story of how American Jewry and the Jewish state almost resolved the question of who is a Jew.
Scroll and quill pen

Brutality and Opacity

Birthright citizenship under attack.
Broadside about the Fugitive Slave law.
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The Fugitive Slave Act of 1850: Annotated

The Fugitive Slave Act erased the most basic of constitutional rights for enslaved people and incentivized US Commissioners to support kidnappers.

How to Not Get Poisoned in America

"We should go back into history and ask: Why did we need the federal Pure Food and Drug Act in 1906?"
Collage of the Battles of Lexington and Concord and patriotic imagery.

Revolution and Progress on Lexington Green

The American Revolution’s first battle is a reminder that liberty isn't the result of inevitable progress but a prize won by those willing to fight for it.
Painting of the Battle of San Pasquale in the U.S.-Mexico War.

Borders May Change, But People Remain

The legacies of conflict—and their increasingly accessible images in a global age—frame the shared bonds of trauma in keeping their memories alive.
Justice John Roberts.

The Supreme Court Could Take Another Shot at Voting Rights

If the justices take up a case on Virginia’s felon disenfranchisement law, they’ll be burrowing back to Reconstruction-era jurisprudence.
View of New Amsterdam from the 1620s.

The Dutch Roots of American Liberty

New York would never be the Puritans' austere city on a hill, yet it became America’s vibrant heart of capitalism.
Josephine Baker and a soldier.

The Superstar Turned Spy Who Fought the Nazis and for Civil Rights

A new book highlights Josephine Baker’s wartime contribution, and how she used her fame to provide cover and promote equal rights.
Civil rights lawyers including Thurgood Marshall and Constance Baker Motley.

Trump's Attack on Lawyers and Law Firms Takes a Page Out of the Southern 1950s Playbook

American authoritarians fear the uniquely American power of litigation.
A young boy peers out from a hole in a fence as his friends play basketball in a court where police officers are gathering for a patrol.

How White-Collar Criminals Plundered a Brooklyn Neighborhood

How East New York was ransacked by the real estate industry and abandoned by the city in the process.
Eve Ewing, and the cover of her book "Original Sins."

How Do We Combat the Racist History of Public Education?

On the schoolhouse’s role in enforcing racial hierarchy.
Frances Perkins and Border Patrol officers.
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The 1930s Case That Sparked a Debate About Deportation

The story Frances Perkins, Franklin D. Roosevelt’s Labor Secretary, highlights the importance of protecting due process.

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