Why ‘Treason’ Usually Isn’t Treason

The Constitution Defines Treason Narrowly. That Hasn’t Stopped the Overblown Rhetoric

The last four years have been a strange time to be a scholar of American treason law. The members of this tiny (and I mean really tiny) group used to live pretty quiet lives. We could happily toil away on historical matters, undisturbed by the din of the daily headlines.

Besides, who needed modern distractions when the history was so thrilling? The story of treason—attempts to overthrow the government or to aid our enemies—is nothing less than the story of America itself. Our country was forged in the American Revolution by …

Suppressing Voting Rights Is as Old as the Republic—But the Tactics Keep Changing 

Discriminatory State Constitutions, Poll and Literacy Taxes, and Now Photo ID Laws All Have Been Used to Keep Ballots From the Less Powerful 

The more that efforts to suppress voting rights in America change, the more they remain the same.

From the earliest days of the republic to the present, politicians have sought to …

Why America Keeps Battling to Live Up to the 14th Amendment

From Its Post-Civil War Origins to Today's Immigration Debates, the Constitutional Guarantee of Equal Protection and 'Birthright Citizenship' Has Been Bitterly Contested

The first clause of the 14th Amendment is a scant 28 words long. Yet when the amendment was adopted on July 9, 1868, it advanced the crucial task of turning …

Is California Too Exceptional to Be Part of the U.S.?

We're a Progressive Check on Red-State Power—but We Unbalance the Constitutional System

America is terribly polarized.

And it’s all on account of California.

The trouble is not merely that California itself is such a politically polarized place. Or that California contributes to the many …

What Does ‘Natural-Born’ American Even Mean?

The Seemingly Rigid Requirement for the Presidency Didn't Disqualify the Nation's British-Born Founders

When choosing among presidential candidates, Americans find plenty to debate about their fitness for office, experience, and economic and foreign policies. But the framers of the Constitution made no mention …

A Heat-Packing Discussion

The Shootings at Sandy Hook Elementary School Spurred Lots of People To Action. What’s Next?

The debate over gun rights is so contentious in America that it often seems the two sides are speaking different languages. The fight continues, bitterly—and yet nothing seems to change. …