Category: Volume 1

The “Cruel and Unusual” Legacy of the Star Chamber

By Donald A. Dripps. Recent developments suggest that the Supreme Court is poised to reconsider a wide swath of doctrines from originalist premises. For the 2,414 inmates on death row—and for countless more who might join them in the years to come—history may be a matter of life and death.

Franklin’s Talmud: Hebraic Republicanism in the Constitutional Convention and the Debate Over Ratification, 1787-1788

By Daniel D. Slate. Hebraic republicanism found in rabbinic Judaism a set of sources and ideas that made it possible to argue that constitutional republics, with powers limited by the rule of law, were the only legitimate form of government. It had a profound influence on the founding, in particular in the formulation of the republican government Guarantee Clause of Article IV, Section 4.

A MARvel of Constitutional Demythologizing

By Jack N. Rakove. At a time when the entire constitutional system is under extraordinary stress, Akhil Amar’s contribution to the collection Myth America: Historians Take on the Biggest Legends and Lies about Our Past misses the opportunity to address topics that deal with our contemporary woes—as the other contributors to this volume do.

The Soul of a Free Government: The Influence of John Adams’s ‘A Defence on the Constitutional Convention’

By Mary Sarah Bilder. Contrary to the conventional modern view, John Adams’s A Defence of the Constitutions of Government of the United States of America (1787) was deeply influential on the Constitutional Convention.

“Not a Lawyer’s Contract:” Reflections on FDR’s Constitution Day Address

By Gerard N. Magliocca. Franklin Roosevelt’s oration marking the sesquicentennial of the Constitution’s proposal is the most profound discussion of our founding document by a modern president.

The Public Defender Movement in the Age of Mass Incarceration: Georgia’s Experience

By Robert L. Tsai. Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003.