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Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.
by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020
Illustrated man with a top hat, sitting next to headstones.

The Left Side of History

Historians have been too much the ideological allies of Progressivism to permit themselves to see its master flaw.
by Allen C. Guelzo via Claremont Review of Books on May 4, 2020

The Late Murray Rothbard Takes on the Constitution

A lost volume of American history finds the light of day.
by Jeffrey Rogers Hummel via Reason on April 20, 2020
Trump at a press conference.
partner

Covid-19 Needs Federal Leadership, Not Authoritarianism from Trump

Official responses to the yellow fever epidemic of 1793 shows that the refusal to accept responsibility can have catastrophic consequences.
by Grace Mallon via Made By History on April 14, 2020

I Helped Fact-Check the 1619 Project. The Times Ignored Me.

The paper’s series on slavery made avoidable mistakes. But the attacks from its critics are much more dangerous.
by Leslie M. Harris via Politico Magazine on March 6, 2020
Congress in session.
partner

Why Impeachment Was the Answer to 17th-Century Tyranny

Charles I was charged with high treason, waging war against his people and conspiring to deprive them of their rights and liberties.
by Susan Amussen via Made By History on January 24, 2020

Preaching a Conspiracy Theory

The 1619 Project offers bitterness, fragility, and intellectual corruption—not history.
by Allen C. Guelzo via City Journal on December 8, 2019

The Framers’ Answers to Three Myths About Impeachment

Three misunderstood aspects of our governmental system, and the truth pulled directly from the Federalist Papers
by Garry Wills via New York Review of Books on December 3, 2019
Andrew Johnson impeachment.

The Common Misconception About ‘High Crimes and Misdemeanors’

The constitutional standard for impeachment is different from what’s at play in a regular criminal trial.
by Frank O. Bowman III via The Atlantic on October 22, 2019

Sanctuaries Protecting Gun Rights and the Unborn Challenge the Legitimacy of Federal Law

Who gets to decide what the Constitution really means?
by John E. Finn via The Conversation on October 15, 2019

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
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