Painting by Titus Kaphar entitled "Page 4 of Jefferson’s ‘Farm Book"

How Proslavery Was the Constitution?

A review of a book by Sean Wilentz's "No Property in Man," which argues that the document is full of anti-slavery language.

Republicans and Democrats Are Describing Two Different Constitutions

Conservatives and liberals both cite the nation’s charter, but they’re not talking about the same parts of it.

How Did the Constitution Become America’s Authoritative Text?

A new history of the early republic explores the origins of originalism.

It’s Time for a Progressive Reading of the Constitution

Conservatives have claimed the moral high ground of so-called originalism. Liberals need to put forward their own vision.

The Original Constitution of the United States: Religion, Race, and Gender

The Constitution of 2018 is not the Constitution written by the Framers in 1787, and no one should wish otherwise.
Painting of the signing of the Constitution.

The Original Theory of Constitutionalism

The debate between "originalism" and the "living constitution" rages on. What does history say?

Our Trouble with Sex: A Christian Story?

"Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century" by Geoffrey R. Stone.

Were the Framers Democrats?

Review of The Framers' Coup: The Making of the United States Constitution, by Michael J. Klarman.
Image of the Preamble: We The People

On Originalism in Constitutional Interpretation

People continue to interpret the U.S. Constitution in different ways. One way is an originalist framework that favors the Founding Father's intent in 1787.
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
William Howard Taft, with the Supreme Court building under construction in the background.

The Architect of Our Divided Supreme Court

100 years ago, Chief Justice William Howard Taft made the Court more efficient and more powerful, marking a turning point whose effects are still being felt.

When Constitutional-Law Professors Fight

On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
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.
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.
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Gun safety advocates rally in front of the U.S. Supreme Court in 2019
partner

What the Supreme Court Gets Wrong About the Second Amendment

Government, wrote Alexander Hamilton, should substitute “the mild influence” of the law for “the violent and sanguinary agency of the sword.”
Fourteenth Amendment.

The Fourteenth Amendment's Ambiguous Section Three

Scholars and pundits are suddenly interested in the section disqualifying insurrectionists from offices. But text and history don't offer clear answers.
Protesters outside the United States Supreme Court.

What Tocqueville Saw in the Courts

Tocqueville understood how constitutional review, without meaningful checks, could enable judicial despotism.
Donald Trump behind bars made of the US Constitution

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.

Constrain the Court—Without Crippling It

Critics of the Supreme Court think it has lost its claim to legitimacy. But proposals for reforming it must strike a balance with preserving its independence.