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The Flawed Genius of the Constitution

The document counted my great-great-grandfather as 3/5 of a free person. But the Framers don’t own the version we live by today. We do.
by Danielle Allen via The Atlantic on September 17, 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

The Anti-Slavery Constitution

From the Framers on, Americans have understood our fundamental law to oppose ownership of persons.
by Timothy Sandefur via National Review on September 12, 2019
U.S. Constitution

The President Who Would Not Be King

Executive power and the Constitution.
by Michael W. McConnell via Stanford Lawyer on June 26, 2019

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.
by Julian Nyarko, David Pozen, Eric Talley via The Atlantic on June 2, 2019
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.
by Nicholas Guyatt via New York Review of Books on June 2, 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

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.
by Richard D. Brown via Medium on September 20, 2018
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?
by David Singh Grewal, Jedediah Britton-Purdy via The Yale Law Journal on January 24, 2018

Were the Framers Democrats?

Review of The Framers' Coup: The Making of the United States Constitution, by Michael J. Klarman.
by Cass R. Sunstein via The New Rambler on October 31, 2016
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.
by Steven Calabresi via The National Constitution Center
Chief Justice John Roberts.

The Roberts Court Is Winning Its War on American Democracy

Chief Justice John Roberts has now overseen 20 years of increasingly illiberal rulings by the Supreme Court.
by Matt Ford via The New Republic on September 22, 2025
Château Margaux.

The Wine Key to the Constitution

How the vineyards of Bordeaux led to the wall of separation between church and state.
by Donald L. Drakeman, Lisa Drakeman via Law & Liberty on September 17, 2025
Bouquet of funerary flowers on top of the Constitution.

How Originalism Killed the Constitution

A radical legal philosophy has undermined the process of constitutional evolution.
by Jill Lepore via The Atlantic on September 10, 2025
Louis Ludlow.

War Powers to the People

Louis Ludlow’s war referendum amendment was the high-water mark of American antiwar populism.
by Hunter DeRensis via The American Conservative on September 1, 2025
Bill of Rights, 1791.
partner

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.
by Liz Tracey via JSTOR Daily on August 25, 2025
Trump wearing a crown, superimposed on a lithograph of the Boston Massacre.

Trump Is the Enemy of the American Revolution

He has produced a crisis much like the one the colonists faced two and a half centuries ago. Now it’s our responsibility to uphold the Founders’ legacy.
by Johann N. Neem via The New Republic on August 11, 2025
Plaque of Marbury v. Madison at SCOTUS Building.
partner

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.
by Liz Tracey via JSTOR Daily on July 29, 2025

The Constitution is a Political Document, Not a Sacred One.

Don't let its universalist language fool you.
by Gregory Rodriguez via Contra Mundum on July 6, 2025
Photograph of Trump dressed as a king with frowning founding fathers behind him

Of Course the Founding Fathers Would Have Hated Trump

They rejected kings and were sincerely concerned about the possibility of a dictatorship. But we need to move past founder-worship and focus on justice.
by Nathan J. Robinson via Current Affairs on July 4, 2025
Collage of James Madison writing, Justice Scalia speaking, White House and Constitution.

Putting the "Executive" in “Unitary Executive”

We cannot divorce the independence of the executive branch from its substance.
by John Yoo via Law & Liberty on June 18, 2025
Silhouettes of John Tyler and John Quincy Adams
partner

The Constitution Does Not Speak for Itself

In 1841, John Tyler said he was the president. The Constitution said he wasn’t. What happened next?
by Eric Eisner, David B. Froomkin via HNN on April 1, 2025
Drawing of the fight between two congressional representatives titled "Congressional pugilists," 1798.

Alien Enemies, Alien Friends, and the Concept of “Allegiance”

With controversy raging over the Alien Enemies Act, how should we understand the concept it invoked?
by Robert Natelson via Law & Liberty on March 24, 2025
James Madison behind a swirling pattern.

Musk’s Madisonian Insight—And Its Troubling Consequences

DOGE's seizure of government databases is not just an act of bureaucratic reorganization. It is an act of constitutional restructuring.
by Bridget Fahey via The Atlantic on March 13, 2025
Flags of Native American tribes at Omaha Beach memorial.

No, Native American Citizenship Does Not Support Limits on Birthright Citizenship

This defense misconstrues both the Constitution and the Supreme Court decisions relying on it.
by Bethany Berger via Lawfare on March 12, 2025
President Franklin Roosevelt, seated with the CCC.

A Constitutional Rule on Federal Spending

USAID grants may have cracked constitutional spending limits.
by Robert Natelson via Law & Liberty on February 20, 2025
Donald Trump holding up a fist.

The Man Madison Warned Us Against

He authored the Constitution to forestall the rise of a despotic president. We’ll soon see if those safeguards suffice.
by Harold Meyerson via The American Prospect on February 17, 2025
Portrait of Abraham Lincoln, 1858.

A Constitutionalist or a Revolutionist?

Which one was Abraham Lincoln?
by Herman Belz via Modern Age on February 17, 2025
Washington surveys troops in the “March to Valley Forge” painting by William B. T. Trego.

Russell Kirk’s Unfounded America

To him, the Revolution was “not made but prevented.”
by Mark C. Henrie via Modern Age on February 12, 2025
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