Constitution 
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SOURCE: MSNBC
1/15/2023
Nobody Likes the Electoral College—What are the Alternatives?
Constitutional Scholar Akhil Reed Amar discusses how to replace the current electoral system with something more democratic and participatory.
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SOURCE: Washington Post
1/3/2022
The Constitution Won't Be Much Help Resolving the Speaker Mess
While the Constitution requires the House to choose it's speaker, it gives no guidance how. Usually custom and party discipline are sufficient to accomplish the task, but not always.
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SOURCE: Mother Jones
12/6/2022
SCOTUS Seems Poised to Overrule Democracy By Drawing on a Historical Forgery
In 1818, Charles Pinckney of South Carolina sent John Quincy Adams a fake document that made it look like Pinckney was a principal author of the 1787 Constitution. At the time, the ruse was rejected. Why are Supreme Court conservatives looking to this document in to justify their decisions?
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10/9/2022
Lincoln Would have Had an Answer for the "Originalists"
by Richard Striner
The 16th President looked to the constitutional crises of his time and asked whether the document was created to serve the people or the other way around. Today he might ask the same of the Supreme Court.
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SOURCE: NPR
9/25/2022
The Constitution's Support for Oligarchy
Jonathan Gienapp says that the Framers made deliberate choices to make the Constitution a bulwark against what they saw as the danger of broad-based democracy.
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9/25/2022
Thinking and Teaching the Implications of Federalist #10 for Democracy
by Jeff Schneider
Teachers of Constitutional history must push their students to understand something difficult: James Madison's vision of the "public good" is a vision of elite rule that today stands in the way of democratic solutions to society's problems.
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9/18/2022
How the Constitution Can Accommodate Divergent Values
by James D.R. Philips
When founding the nation, American political leaders had to both leverage Americans’ shared political culture and beliefs, and allow for Americans’ differing moral beliefs and values.
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SOURCE: Politico
9/15/2022
"Independent State Legislature" Legal Theory Based in Fake History
Charles Pinckney's ideas for the Constitution were rejected by the framers. Years later, he produced fake documents to aggrandize his own role at the convention. Right-wing legal activists have used them to argue that state legislatures can decide election results however they want.
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SOURCE: The Atlantic
8/28/2022
The Amendment Process is the Constitution's Biggest Flaw
by Jedediah Britton-Purdy
We are not the "we, the people" of 1789. Changing Article V to make the Constitution more easily amendable is the key to breaking the shackles the document places on democracy.
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SOURCE: Made By History at the Washington Post
8/2/2022
SCOTUS Hasn't Always Been the Final Arbiter; Liberals Should Stop Thinking it Is
by Joseph Fishkin and William E. Forbath
"Liberals drew the wrong lessons from the mid-20th century federal judiciary’s fleeting embrace of social reform, and forgot that over the long arc of U.S. history, the minority rights the court has most consistently safeguarded have been those of the wealthy and powerful, the corporate, landed and enslaver elites."
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7/31/2022
Time to Amend the Constitution
by Don Fraser
Significant changes are needed to the Constitution in order to preserve any semblance of democratic government.
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7/8/2022
The Second Floundering
by Brook Thomas
Although scholars have identified the Reconstruction Amendments as a redemption of the flaws of the original Constitution, it's important to understand, as critics did at the time, that the 14th and 15th Amendments left many gaps in the American democracy.
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SOURCE: Boston Review
5/23/2022
Make Progressive Politics Constitutional Again
by Joseph Fishkin and William E. Forbath
It is time to jettison the legal liberalism that holds constitutional interpretation separate from popular politics, or else the government's ability to legislate in the public interest will be destroyed.
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SOURCE: Made By History at the Washington Post
5/3/2022
The Reconstruction Amendments and the Basis of American Abortion Rights
by Peggy Cooper Davis
When the 13th, 14th and 15th Amendments were debated, concerns about the protection of both public rights of citizenship and private, intimate rights of individuals were front and center. There is, notwithstanding Samuel Alito's opinion, a long tradition of constitutional respect for privacy.
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SOURCE: Washington Post
3/13/2022
What if the Constitution is the Source of Democratic Erosion?
by Noah Feldman
James Madison feared from the beginning that the design of the US Senate was contrary to the core principles of a democratic republic. A Harvard Law professor says that if the nation can survive with a fundamentally undemocratic institution at the heart of the government, partisan gerrymandering might not be too bad.
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SOURCE: Politico
2/10/2022
Nominating a Scalia of the Left is Biden's Best Chance to Influence the Courts
by Aziz Huq
Republicans won't support any Biden nominee, even a moderate. Instead, Biden should put forward a judge who is bold enough to put a stamp on the law in dissent and shift dominant interpretations to the left.
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SOURCE: The Atlantic
2/8/2022
Law Profs: How Progressives Can Take Back the Constitution
by Joseph Fishkin and William E. Forbath
Like in the New Deal era, courts are thwarting the will of many Americans and the other branches of government to protect oligarchy. Today's progressives need to remember how their forebears fought back by contrasting concentrated wealth to the guarantee of a "republican form of government" the constituiton offers.
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SOURCE: New York Times
11/12/2021
Bouie: Let's Remember the "Guarantee" Clause
by Jamelle Bouie
Article IV requires the federal government to guarantee a republican form of government in every state; James Madison's writings in the Federalist and John Marshall Harlan's dissent in Plessy should be touchstones for reviving the influence of the clause.
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SOURCE: Made By History at the Washington Post
10/28/2021
Inaction By Design: Blame the Founders for Stalled Legislation
by Calvin Schermerhorn
Although two Senators have been singled out by many liberals as villains, "today’s legislative sausage factory evokes the Founders’ recipe for federal inaction — and their suspicion of democracy."
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SOURCE: New York Times
11/2/2021
Wilentz: New Book Says Jefferson Davis was Right About the Constitution. What About Lincoln?
by Sean Wilentz
Noah Feldman's new books says that, in 1861, Jefferson Davis was right about the Constitution's sanction of slavery, and only the rupture of the Civil War could amend and reset the document. Sean Wilentz disagrees.
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