By Evelyn Atkinson. The “conspiracy theory” of the Fourteenth Amendment, which has haunted legal scholarship for over a hundred years, has a basis in fact: for John A. Bingham and other advocates of corporate citizenship, the rights of corporations were as deserving of protection as the rights of Black Americans.
By Anna O. Law. In defining US national citizenship for the first time, the Reconstruction Amendments produced contradictory effects for European immigrants, African Americans, Chinese immigrants, and Native Americans for their citizenship rights, mobility, and ability to remain in the place of their choice.
By Maeve Glass. Amidst a project to transform land into waterways and cotton into cloth, Federalist elites carefully fashioned a bespoke rule of state protest that could keep New England’s merchant ships and cotton spindles in motion.
By Aziz Rana. Books like The Constitution of the War on Drugs offer one model for how to break the effective monopoly judges enjoy over constitutional politics, by underscoring the narrowness of judicial imagination.
Pozen’s book surfaces hard questions about historical contingency and the scope of the change that might have occurred in a counterfactual world.
By Kate Shaw (Coming Soon).