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The 40-Year War

William Barr’s long struggle against congressional oversight.
by Brad Miller via The American Prospect on September 9, 2019
Political cartoon about Reconstruction.

The Buried Promise of the Reconstruction Amendments

The historical context of the amendments passed in the wake of the Civil War, Eric Foner argues, are widely misunderstood.
by Eric Foner, Isaac Chotiner via The New Yorker on September 9, 2019

The Electoral College Was Terrible From the Start

It’s doubtful even Alexander Hamilton believed what he was selling in “Federalist No. 68.”
by Garrett Epps via The Atlantic on September 8, 2019
Painting of the signing of the Declaration of Independence.

The Nation Is Imperfect. The Constitution Is Still a 'Glorious Liberty Document.'

As part of its “1619” inquiry into slavery's legacy, The New York Times revives 19th century revisionist history on the founding.
by Timothy Sandefur via Reason on August 21, 2019
Supreme Court building under dark rainclouds.

Critics of the Administrative State Have a History Problem

If they return governance to its 19th century roots, they will also do away with courts' ability to review agency action.
by Sophia Z. Lee via LPE Project on August 1, 2019

There’s One Heresy That Sets Bernie Apart From All Other Dem Contenders to Unseat Trump

And it’s not simply that he calls himself a socialist.
by Greg Grandin via The Nation on July 16, 2019
partner

The Constitutional Revolution a Century Ago That Is Shaping the 2020 Election

And why we need another one.
by Bruce J. Schulman via Made By History on June 21, 2019

What Two Crucial Words in the Constitution Actually Mean

I reviewed publications from the founding era, and discovered that “executive power” doesn’t imply what most scholars thought.
by Julian Davis Mortenson via The Atlantic on June 2, 2019

Congressional Action on Yemen May Be the First Salvo Against Presidential War Powers

President Trump’s skirting around Congress to sell arms to Saudi Arabia is only the latest example of presidential overreach.
by R. Joseph Parrott via The Conversation on May 29, 2019

wE’rE a rEPuBLiC nOt A dEMoCRacY

A political usage guide for a feckless commentariat.
by Ed Burmila via The Baffler on May 6, 2019
partner

James Madison Responds to Sean Wilentz

Madison's Notes of the Constitutional Convention answer a current argument on the Electoral College.
by Alan J. Singer via HNN on April 7, 2019

Empire of the Census

America’s long history of manipulating its headcount for political gain.
by Ed Burmila via The Baffler on March 1, 2019

The Case for Impeachment

Starting the process will rein in a president undermining American ideals—and bring the debate into Congress, where it belongs.
by Yoni Appelbaum via The Atlantic on January 17, 2019
A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.
by David Montgomery via Washington Post Magazine on January 2, 2019

America’s Original Sin

Slavery and the legacy of white supremacy.
by Annette Gordon-Reed via Foreign Affairs on December 20, 2018
Supreme Court Chief Justice John Marshall; painting by Henry Inman, 1832.

Hail to the Chief

“John Marshall...exhibited a subservience to the executive branch that continues to haunt us.”
by Jed S. Rakoff via New York Review of Books on November 22, 2018

America’s Struggle for Moral Coherence

The problem of how to reconcile irreconcilable values is what led to the Civil War. It hasn’t gone away.
by Andrew Delbanco via The Atlantic on November 12, 2018

The Real Origins of Birthright Citizenship

Its purpose 150 years ago was to incorporate former slaves into the nation.
by Martha S. Jones via The Atlantic on October 31, 2018

You Probably Don't Know This About U.S. Elections

From voting rights to the electoral college, a brief explainer on three widespread misconceptions about voting.
by Alex Keyssar via Harvard Kennedy School on October 30, 2018

Can Trump Really End Birthright Citizenship?

Not directly. But it's more complicated than you think.
by Imani Perry via Colorlines on October 30, 2018

Fighting to Vote

Voting rights are often associated with the Civil Rights Movement, but this fight extends throughout American history.
by Michael Tomasky via New York Review of Books on October 22, 2018
Voters casting ballots in 2008.

Why the Right to Vote is Not Enshrined in the Constitution

How voter suppression became a political weapon in American politics.
by Sean Illing, Allan J. Lichtman via Vox on September 17, 2018

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.
by Garrett Epps via The Atlantic on July 10, 2018
Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
by Eric Foner via The Nation on July 9, 2018

Court-Packing is the Democrats’ Nuclear Option for the Supreme Court

Why an FDR plan from the 1930s is suddenly popular again.
by Dylan Matthews via Vox on July 2, 2018

Artificial Persons

The long road to "Citizens United."
by David Cole via The Nation on June 6, 2018

Bearing Arms vs. Hunting Bears

The persistence of a mythic second amendment in contemporary Constitutional culture.
by Saul Cornell via The Panorama on June 4, 2018

The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.
by Allen Mendenhall via Los Angeles Review of Books on May 24, 2018

The Only Way to Find Out If the President Can Be Indicted

Scholars disagree on existing precedents—and the question won’t be settled until evidence leads a prosecutor to try it.
by Garrett Epps via The Atlantic on May 23, 2018

Standing Armies: The Constitutional Debate

Why did Alexander Hamilton and James Madison take up the cause of the very thing that revolutionaries had vehemently opposed?
by Griffin Bovée via Journal of the American Revolution on May 8, 2018
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