A Body Without a Head: Revisiting James Bryce’s The American Commonwealth on the Place of the President in the 19th Century Federal Government

by Noah A. Rosenblum

James Bryce’s monumental 1888 treatise remains of special interest to present-day scholars of American public law because it directly affected subsequent developments in American political theory, public administration, and legal doctrine, by shaping how American public law reformers understood American politics.

Designed to Ameliorate the Condition of People of Color: The Reconstruction Republicans and the Question of Affirmative Action

by Kate Masur & Gregory Downs

What we confront here is not the familiar (to us) struggle between competing historically and archivally grounded interpretations but something quite different: a confrontation between historical practitioners and their widely held understandings of both historical method and of historical analysis, and opportunistic lawyers seeking support for contemporary policies they prefer

The Reconstruction Amendments, American Constitutional Development, and the Quest for Equal Citizenship

by Rogers M. Smith

If we accept that the Reconstruction Amendments are the central hinge and bridge in American constitutional development, then we must conclude that a quest to secure equal citizenship for all should be taken as the lodestar of the American constitutional project, not just in the past but in the present and future.

Finding Meaning in the Congressional Globe: The Fourteenth Amendment and the Problem of Constitutional Archives

by Rachel A. Shelden

In Punish Treason, Reward Loyalty, Mark Graber takes a comprehensive look at the 39th Congress, that drafted the Fourteenth Amendment, through the Congressional Globe. Yet the Globe was far from an accurate depiction of congressional business, and it ultimately may tell us just as much about the public meaning of the Fourteenth Amendment as it does about legislative intent.