Volume 3, Issue 1 – Winter 2025
Articles
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“The Northern Man and His Corporations, the Southern Man and His Slaves”: Revisiting the Conspiracy Theory of the Fourteenth Amendment
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.
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The Civil War and Reconstruction Amendments’ Effects on Citizenship and Migration
By Anna O. LawBy 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.
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In Search of a State
By Maeve GlassBy 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.
Book Reviews
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The “War on Drugs” and the Narrowing of Constitutional Imagination
By Aziz RanaBy 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.
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Pozen and the Puzzle of Counterfactuals
Pozen’s book surfaces hard questions about historical contingency and the scope of the change that might have occurred in a counterfactual world.