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In a hot convention hall in Philadelphia in 1788, the last member of the Constitutional Convention set his pen to the page and sealed in ink slavery as one of America’s foundational institutions. On Capitol Hill in 1866, after decades of bloody struggle on the battlefield and off it,
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The triumph of modern representative democracy was, in part, the culmination of a moral revolution. The heralds of this revolution were those great documents of the 18th century, the Declaration of Independence, the Constitution, and the Declaration of the Rights of Man. Today it is a commonplace that the people
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The United States has had many questionable relationships with nations across its history, befriending and casting nations aside with equally curious motives and callousness, but none may be stranger and more questionable than that which America has with the Kingdom of Saudi Arabia. While American President after American President for
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Fertility as a policy concern has gained traction over the past few years. Tucker Carlson fearmongers about declining fertility among white Americans and being replaced by immigrants. Influential figures like Elon Musk, who believes that “population collapse is the biggest danger civilization faces by far”, have brought the topic further
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In recent years, shelves have been stocked with books about the boogeyman of postmodernism; the demise of truth and the popularity of fashionable relativism; the increasing irrelevance of facts and science to politics and policy; the ascendancy of affective polarization; plummeting trust in traditional institutions and experts—all wrapped up
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Not too long ago the libertarian position was often summarized as “pro-choice on everything” to distinguish it from the nanny state tendencies of the left and the moralizing tendencies of the right. “My Body My Choice” is about as distinctly libertarian a political slogan as one could hope for. But
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At the philosophical core of liberalism is a rejection of a certain vision of reality and its replacement with another, truer, vision. Liberalism rejected the broadly Aristotelian philosophy of nature which had dominated much of antiquity and the feudal era and replaced it with a mechanistic one based on the
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“If a single statute represents the best of America,” wrote Justice Elena Kagan in her Brnovich v. DNC dissent, “it is the Voting Rights Act.”[1] But, she contrasted, “if a single statute reminds of the worst of America, it is the Voting Rights Act” (VRA). This dissent came just
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Much hay has been made about the effects of our housing crisis on economic inequality, racial segregation, and climate catastrophe. Today I want to approach the question of housing from a feminist perspective. Does our policy of scarce, expensive housing have implications for the feminist project? Conversely, does the pro-housing
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In a recent decision made by a majority of male justices, millions of women in America lost a vital right to their bodily autonomy. With the overturning of Roe v. Wade and Planned Parenthood v. Casey, reproductive rights and legal uncertainty have returned to the political polarization of state politics.
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For years, a diverse group of liberals and left-of-center commentators have called on Congress to expand the size of the Supreme Court. This argument moved from the background to the forefront after a Republican Senate stonewalled Obama’s final nomination entirely, allowing his Republican successor to fill the vacant seat
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Noah Feldman, Felix Frankfurter Professor of Law at Harvard Law School, is a frequent public commenter on the state of constitutional law and the Supreme Court. Over the last few years he’s been in a rough patch. He’s written about how Trump’s conservative appointees deserve to be