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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
Supreme Court sign proclaims "equal justice under law."

What Happens If Trump Defies the Courts

Do judges have the power to enforce their rulings if the executive branch refuses to comply?
by Isaac Chotiner, Cristina Rodriguez via The New Yorker on February 11, 2025
A collage of the United States Constitution, seal, and a hand holding two small American flags.

The Attack on Birthright Citizenship Is a Big Test for the Constitution

Does the text mean what it plainly says?
by Adam Serwer via The Atlantic on January 22, 2025
Collage of the American flag and the preamble to the Constitution.

The Historical Challenge to Originalism

Jonathan Gienapp's attack on originalism deserves a serious response.
by John O. McGinnis, Aaron N. Coleman, Mike Rappaport via Law & Liberty on January 16, 2025
Newborn babies sleeping in a maternity ward.

The Coming Assault on Birthright Citizenship

The Constitution is absolutely clear on this point, but will that matter?
by Amanda Frost via The Atlantic on January 7, 2025
President Roosevelt signs the proclamation naming December 15 as Bill of Rights Day.

The Reinvention of the Bill of Rights

The New Deal-era creation of “Bill of Rights Day” obscures the real nature and guardrails of American liberty.
by Jerome C. Foss via Law & Liberty on December 13, 2024
A drawing of protestors wrestling a tax collector to the ground.

A Prudent First Amendment

Often, the proper scope of the First Amendment can be determined only by considering both text and context.
by David Lewis Schaefer via Law & Liberty on November 7, 2024
Photo of Framer James A. Bayard then a modern day photo of Congresswoman Liz Cheney.

How Past and Present Catch Up With Each Other

The election of 1801 offers a first-hand example of how current events can offer historians new perspectives on the past.
by James M. Banner Jr. via The Panorama on October 23, 2024
Attendees look at a map of the U.S. electoral college during the Republican National Convention (RNC) near the Fiserv Forum in Milwaukee.
partner

The Debate That Gave Us the Electoral College

John Dickinson's contributions to the Constitution continue to reverberate today.
by Jane E. Calvert via Made By History on October 18, 2024
Sheriff Joe Arpaio riding in the back of a convertible car painted like an American flag.

Are Sheriffs Above the Law?

Many vignettes of sheriffs in action are dramatic and alarming. But how representative are they?
by Linda Greenhouse via New York Review of Books on September 12, 2024

Not “Three-Fifths of a Person”

What the three-fifths clause meant at ratification.
by Nathaniel C. Green via Commonplace on September 10, 2024
Damaged glass negative showing children looking at the U.S. Constitution, 1920.
partner

A Nation Is a Living Thing

In the 1920s, many in the U.S. fought for a living Constitution. Plenty of others wanted it dead.
by Michael D. Hattem via HNN on August 6, 2024
Sheet music depicting a fugitive slave.

Against the Slave Power: the Fugitive Liberalism of Frederick Douglass

Douglass elaborated a political theory attuned to the differential character of law as it applied to slaves and other outlaws.
by Paul Crider via Liberal Currents on August 5, 2024
Illustration of John Roberts, with face obscured by half of the presidential seal.

The Supreme Court Fools Itself

The Roberts Court has made the current crisis of American democracy perpetual.
by Adam Serwer via The Atlantic on July 24, 2024
The Hall of the House of Representatives.

Are We Living Through Another 1850s?

It’s difficult to see how these profound antipathies and fears will dissipate soon through any normal political processes.
by Robert W. Merry via The American Conservative on July 22, 2024
Oil on canvas (1993–94) depicting the third signing of the Louisiana Treaty in New Orleans, Louisiana.

Trade, Ambition, and the Rise of American Empire

High ideals have always gone together with economic self-interest in the history of the United States.
by Samuel Gregg via Law & Liberty on July 17, 2024
Donald Trump speaking into microphone and pointing his finger.

‘I’d Rather Have 10 Ken Starrs Than One Donald Trump’

A new book explores the history of presidents who abused their constitutional power and the citizen movements that stopped them.
by Michael Kruse, Corey Brettschneider via Politico on July 8, 2024
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
by Sean Wilentz via New York Review of Books on July 4, 2024
"The President's House" (The White House), in the nineteenth century, print by Isidore Laurent Deroy after Augustus Kollner, 1848.

Can the Republic Survive Corrupt Presidents?

The Founders knew that executive power was vital but dangerous in any republic.
by Richard Samuelson via Law & Liberty on June 27, 2024
Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
by Duncan Hosie via New York Review of Books on June 18, 2024
National Guard members deploy near the White House as peaceful protests are scheduled against police brutality and the death of George Floyd, on June 6, 2020 in Washington, D.C.

The Most Dangerous Law in America

The Insurrection Act is a nuclear bomb hidden in the United States code, giving presidents unimaginable emergency power. No President has abused it. Yet.
by Joseph Nunn via Democracy Journal on June 10, 2024
Pennsylvania Hall in flames.
partner

Sordid Mercantile Souls

When labor found a common cause — and enemy — with the abolition movement.
by Sean Griffin via HNN on May 21, 2024

‘Brown’ at 70

The rhetorically modest but functionally powerful ruling that ended segregation shouldn’t be misused to forestall other efforts at racial equality.
by Randall Kennedy via The American Prospect on May 17, 2024
Stanford Law School.

Why the Right’s Mythical Version of the Past Dominates When It Comes to Legal “History”

They’re invested in legal education, creating an originalist industrial complex with outsize influence.
by Saul Cornell via Slate on May 14, 2024
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