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Artwork of the Supreme Court but with chess pieces used as columns..

The Supreme Court Is Not Supposed to Have This Much Power

And Congress should claw it back.
by Daphna Renan, Nikolas Bowie via The Atlantic on June 8, 2022
James Madison
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What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.
by Donald J. Fraser via HNN on June 5, 2022
Photo of Samuel Alito

Why There Are No Women in the Constitution

There is little mention of abortion in a four-thousand-word document crafted by fifty-five men in 1787. This seems to be a surprise to Samuel Alito.
by Jill Lepore via The New Yorker on May 4, 2022
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
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Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.
by Laura Briggs via Made By History on May 3, 2022
Ron DeSantis at podium at CPAC.
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Instead of Boosting Democracy, Primary Elections Are Undermining It

Why our politics are growing ever more extreme — and democracy itself is under siege.
by Lawrence R. Jacobs via Made By History on April 27, 2022
Image of Martin Luther King Jr. within a jail cell.

What Makes Laws Unjust

King could not accomplish what philosophers and theologians also failed to—distinguishing moral from immoral law in a polarized society.
by Randall Kennedy via Boston Review on April 11, 2022
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
by David Cole via New York Review of Books on March 31, 2022
Portrait of George Washington on a horse.

Declaring War

Congress hasn't declared it often. The U.S. has fought a lot of war anyway. How?
by William Hogeland via Hogeland's Bad History on March 2, 2022
Painting of the signing of the Declaration of Independence. By John Turnbull, 1818.

Why the American Founding Must Remain Central to Conservatism

An American conservatism which subtly or directly marginalizes the Founding is on a fast track to a conservatism at odds with America’s roots itself.
by Samuel Gregg via National Review on February 6, 2022
U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
by Earl M. Maltz via National Review on February 3, 2022
Painting of the constitutional convention

Federalism and the Founders

The question of how to balance state and national power was perhaps the single most important and most challenging question confronting the early republic.
by Allen C. Guelzo via National Affairs on January 7, 2022

Republicans Are Moving Rapidly to Cement Minority Rule. Blame the Constitution.

Democracy is in trouble, but a lawless coup isn’t the real threat.
by Corey Robin via Politico Magazine on January 5, 2022
‘Flight of Lord Dunmore’; postcard, 1907.

The Paradox of the American Revolution

Recent books by Woody Holton and Alan Taylor offer fresh perspectives on early US history but overstate the importance of white supremacy as its driving force.
by Sean Wilentz via New York Review of Books on December 24, 2021
Capitol rotunda dome.

The Changing Same of U.S. History

Like the 1619 Project, two new books on the Constitution reflect a vigorous debate about what has changed in the American past—and what hasn’t.
by David Waldstreicher via Boston Review on November 10, 2021
President Madison ending the Embargo Act cartoon

James Madison and the Debilitating American Tendency to Make Everything About the Constitution

The U.S. Constitution was the reason for Madison and Hamilton's breakup.
by William Hogeland via Hogeland's Bad History on October 11, 2021
Biden in front of George Washington painting
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A Conflict Among the Founders is Still Shaping Infrastructure Debates in 2021

What role should the federal government play in building our infrastructure?
by Susan Nagel via Made By History on August 30, 2021

Remembered for the Wrong Reason?

Which personality of the American Revolution or the founding era is remembered for the wrong reasons, and why?
by Jason Yonce, J. L. Bell, David Price, Matthew M. Montelione, Don Glickstein, Will Monk, David Head, Don N. Hagist, Derrick E. Lapp, Eric Sterner, William H. Manthorpe Jr., Conner Runyan, Gene Procknow, Greg Aaron, John DeLee, Robert S. Davis, Jane Hampton Cook, Gregory Safko, James Kirby Martin, Alex Colvin, William M. Welsch, Jim Piecuch, Stuart Hatfield via Journal of the American Revolution on August 11, 2021
The Fuller Court

Whose Side Is the Supreme Court On?

The Supreme Court and the pursuit of racial equality.
by Randall Kennedy via The Nation on August 9, 2021
Statue of Dred Scott and wife

Allegiance, Birthright, and Race in America

What the Dred Scott v. Sandford case meant for black citizenship.
by William A. Darity Jr., Charles Ali Bey via Black Perspectives on August 4, 2021
Frederick Douglass

Frederick Douglass and the Trouble with Critical Race Theory

A favorite icon of critical race theory proponents doesn’t say what they want him to say.
by Robert S. Levine via Los Angeles Review of Books on August 2, 2021
A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
by Jeannie Suk Gersen via The New Yorker on June 8, 2021
Toussaint Louverture proclaiming the Constitution of the Republic of Haiti

Contagious Constitutions

In her new book, Colley shows how written constitutions developed both as a way to further justify rulers and to turn rebellions into legitimate governments.
by Jenny Uglow via New York Review of Books on June 3, 2021
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 2021
Census taker's bag from 1980

Immigration Hard-Liner Files Reveal 40-Year Bid Behind Trump's Census Obsession

The Trump administration tried and failed to accomplish a count of unauthorized immigrants to reshape Congress, the Electoral College and public policy.
by Hansi Lo Wang via NPR on February 15, 2021
Civil rights era photo of young people protesting for voting rights in between black and white photos of black people lined up to vote

American Democracy Is Only 55 Years Old—And Hanging by a Thread

Black civil-rights activists—and especially Black women—delivered on the promise of the Founding. Their victories are in peril.
by Vann R. Newkirk II via The Atlantic on February 11, 2021
Two images of the same incarcerated man, one from 1979, the other from 2015.

The Case That Made Texas the Death Penalty Capital

In an excerpt from his new book, ‘Let the Lord Sort Them,’ Maurice Chammah explains where a 1970s legal team fighting the death penalty went wrong.
by Maurice Chammah via The Marshall Project on January 26, 2021
"Join or Die" snake political cartoon.

The Iron Cage of Erasure: American Indian Sovereignty in Jill Lepore’s 'These Truths'

Lepore’s framework insists that the “self-evident” truths of the nation’s founding were anything but.
by Ned Blackhawk via Diplomatic History on December 29, 2020
Alexander Hamilton on the ten dollar bill

What We Still Get Wrong About Alexander Hamilton

Far from a partisan for free markets, the Founding Father insisted on the need for economic planning. We need more of that vision today.
by Michael Busch, Christian Parenti via Boston Review on December 14, 2020

‘America Is a Republic, Not a Democracy’ Is a Dangerous—And Wrong—Argument

Enabling sustained minority rule at the national level is not a feature of our constitutional design, but a perversion of it.
by George Thomas via The Atlantic on November 2, 2020
COVID-19 particles with the bill of rights written over them

The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward

An overlooked corner of the Constitution hints at a right to be protected from infection.
by Alexander Zhang via The Atlantic on October 21, 2020
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