Weekend Roundup

• On Jeffrey Rosen's "Blessings of Liberty" podcast Jed Shugerman and Ilan Wurman discuss the historical arguments underlying Trump v. Barbara and Trump v. Slaughter. Also, Reva Siegel says that Trump v. Barbara "shows popular constitutionalism in action" (Slate).  

•  A report of the conferral by the University of Edinburgh conferred the degree of Doctor of Laws honoris causa upon Jean-Louis Halpérin, “Professor Emeritus at the École Normale Supérieure (rue d’Ulm, Paris) and a most distinguished legal historian of international reputation” (Edinburgh Legal History Blog). 

• 
  In the latest episode of Breaking History," the podcast of the Supreme Court Historical Society,  "Brad Snyder interviews New York Times reporter Clay Risen about his new book Red Scare: Blacklists, McCarthyism, and the Making of Modern America"  (SCHS).

• A CFP for an on-line workshop on for scholars of American Political Development.  

• Jane E. Calvert and Jonathan Gienapp on John Dickinson’s secret effort to prevent the American Revolution (Law & Liberty).

• ICYMI:  David Blight's congressional testimony in defense of the Smithsonian (YouTube).  W. Caleb McDaniel on Why Regional Branches of the National Archives Matter.  A display on the Master of the Rolls at the UK National Archives (CTJ).    Bruen’s history-and-tradition test after Wolford v. Lopez (SCOTUSblog).  Reactions to the Supreme Court of Ohio's "Story of America: This Day in History” (CNO).  More on that exhibit on Arkansas's constitutional history (KUAF).  The Delaware Supreme Court Turns 75 (DPM)

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Weekend Roundup

• 

  William Howard Taft (LC)

  Andrea Scoseria Katz on "Taft at the Beach: What the Supreme Court Misses About a Key Unitary Executive Precedent" (Can We Still Govern?) 

• Michael Dreeben looks back at Humphrey's Executor (Just Security). 

• Martha Jones's illustrated story in the New York Times Magazine on Elizabeth Freeman, who sued for her own freedom, is here. 

• That Modern Criminal Law Review workshop, "Ancient Criminal Law: A Global Perspective," may be viewed here and just heard here.  

• A notice of the "Slavery and the Judiciary Collection" of the Law Library of Congress, which "provides digital access to more than one hundred books and manuscripts documenting issues related to slavery and the courts from 1740 to 1860." Also from the hardworking law librarians of Congress: "Code and Policy in Action: Shared Legislative Targets Between the Yurok and Other Sovereign Entities," and Nathan Dorn, Rare Books Curator, continues his series of posts on Anglo-American natural law theorists with "A Textbook for the Laws of Nature’s God: Thomas Rutherforth’s Institutes."

• On July 16, 2026 at 2:00 PM ET, the Foreign and Comparative Law Webinar Series of the Law Librart of Congress will host the webinar Colonialisation, i, and an Unwritten Constitution: Understanding Aotearoa/New Zealand’s Legal System, presented by visiting scholar, librarian, and American Association of Law Libraries Schaffer Grant recipient, Theresa Buller, who is the subject librarian for law and criminal justice at the University of Canterbury in Christchurch.

• A notice of "Myths and Misunderstandings in Modern Irish History," by Patrick Geoghegan, the 2026 Hardiman lecture at the Supreme Court (Law Society Gazette). 

• A Q&A with Hadar Aviram's Behind Ancient Bars: Narratives of Incarceration in the Hebrew Bible (University of California Press) (UC SF Law). 

• Michael Dorf asks What Weight, If Any, Should Be Given Racist Laws In A History-and-Tradition Test? (Dorf on Law.)

• Nineteenth-Century NY Law and Birthright Citizenship: New York v. Miln (1837) (New York Almanack).  

• A notice of Stacey Patton's Strung Up: How White America Learned to Lynch Black Children (Beacon Press, 2026) (New York Almanack).

• "Reflecting on America’s 250th anniversary: Revolution, the Constitution, and the founders" in the Princeton University Press's list (PUP).  And, while we're at it, Princeton University and the Revolution.  

• Lawbook Exchange's June 2026 list in Scholarly Law and Legal History.   

• State Constitution Roundup: What made Pennsylvania's first ever constitution so radical that it only lasted 14 years?  (WHYY).  1776 NC Constitution exhibit [is] part of ‘Capitol 250’ July 4 fest (Coastal Review).  Bayard v. Singleton: Judicial review’s NC origins (Carolina Journal).  The Hawaii Constitution (State Court Report). 

• ICYMI: HIAS's illustrated history of US immigration (HIAS).  Eugene V. Debs, Constitutional Voice (NCC).  An appreciation of Raphael Lemkin, "the author of the concept of genocide" (UJE).  Benjamin Perry and the fight against secession (Greenville Journal). 

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Keener and Whittington on Birthright Citizenship

Benjamin Keener, University of Pennsylvania Carey Law School, and Keith E. Whittington, 
Yale Law School, have posted Demystifying Birthright Citizenship:

Executive Order 14160 and the litigation it generated in Trump v. Barbara have thrust birthright citizenship back to the center of American constitutional debate. Critics of the traditional rule argue that the Fourteenth Amendment's “subject to the jurisdiction thereof” language implicitly restricts birthright citizenship in ways that exclude the American-born children of undocumented immigrants and temporary visitors. This Article clears the brush. It demystifies birthright citizenship by demonstrating that the Citizenship Clause embodies a single, coherent rule with deep roots in the common law—one that is neither riddled with ad hoc exceptions nor susceptible to the narrowing constructions its modern critics advance.

Working from an originalist methodology, this Article reconstructs the traditional rule and systematically rejects principal arguments for a more restrictive reading. Part I begins with a note on methods and how we believe an originalist analysis of the Citizenship Clause should proceed. Part II lays out the original meaning of the birthright citizenship rule and the terms of the Fourteenth Amendment that constitutionalized that rule. We then canvass the evidence in support of a more restrictive reading of the rule. Parts III and IV examine the argument that only those who have been invited into the country and are present by the country’s consent are subject to its jurisdiction. Part V examines the argument that only those who have the requisite allegiance to the country are subject to its jurisdiction. None finds sufficient support in the original meaning of the text. 

--Dan Ernst 

Upham's "Taking American Citizenship Seriously"

David R. Upham, St. Thomas University College of Law, has published Taking American Citizenship Seriously: The Recovery of the Fourteenth Amendment (Bloomsbury)

In this ambitious volume, Professor David R. Upham offers a comprehensive account of the original understanding of the Fourteenth Amendment, shedding new light on its often-overlooked Privileges or Immunities Clause. Drawing on a close textual reading as well as a wide range of primary sources—some newly discovered—Upham argues that the framers intended the amendment as a measure designed to strengthen existing constitutional protections for the rights of both human personhood and American citizenship. Upham contends that the amendment secures for all individuals the basic rights to life, liberty, and property through guarantees of due process and equal protection, while also reaffirming the birthright principle that grants citizenship to nearly all born on U.S. soil. Moreover, the Fourteenth Amendment safeguards longstanding privileges and immunities of citizenship, including the rights to travel, engage in commerce, speak freely, bear arms, and enjoy protection from racial discrimination and other forms of civic exclusion. By recovering the Amendment’s original meaning, this book reshapes our understanding of constitutional rights and citizenship, with far-reaching implications for contemporary legal and political debates. 

--Dan Ernst

Kreis on Birthright Citizenship and the Anglo-American Constitution

Anthony Michael Kreis, Georgia State University College of Law, has posted Discovering the Historical Anglo-American Constitution: 

The controversy over birthright citizenship in the United States and the meaning of the Fourteenth Amendment has exposed two urgent needs in American constitutional scholarship: a meticulous account of the history of the law of natural-born subjects and citizens, and a rigorous methodology for responsibly engaging with constitutional developments over long periods. This article answers both. It advances the "historical constitution" as a framework for assessing longarc legal developments, attending at once to continuity and change, to the form and formation of law, and to legal and socio-political authority-the high law and the low law. The framework gives American constitutional scholars a disciplined approach to Anglo-American inquiry, one that asks how law operated across time rather than at isolated moments. Drawing on rich archival sources, Year Book entries, and Privy Council records-including the original manuscript record of Calvin's Case-it demonstrates that the territorial rule of birthright citizenship held with remarkable consistency across five English legal systems, surviving political, social, and economic pressures alike. The article traces that principle's transatlantic journey to the Americas, illuminating what the historical constitution reveals about national identity and citizenship at the origins of constitutionalism in the United States. The method's promise extends well beyond this Article; its utility is not exhausted by the question that occasions it. 

--Dan Ernst 

JACH (Spring 2026)

The Spring 2026 issue of the Journal of American Constitutional History is now available here.

Articles

Constructing the Constitutional Legitimacy of the Administrative State: Congress and the Settlement of 1946
Johnathan O’Neill

Today the legitimacy of the administrative state is being questioned more deeply than at any time since the New Deal. This article puts Congress at the center of the story to understand how this question was addressed in the New Deal’s immediate aftermath. It argues that Congress sealed the legitimacy of the administrative state in three pieces of legislation passed in 1946: the Employment Act, the Administrative Procedure Act, and the Legislative Reorganization Act.

This legislation marked the “settlement of 1946,” in which Congress acknowledged that modern governance required management of the economy and delegation of power to bureaucracies, but also that the administrative state must be disciplined with recognizably constitutional principles and procedures. It was through this legislative dynamic, traced in each of the three laws passed in 1946, that Congress acted to moderate constitutional conflict and legitimate its resolution: only it could accommodate and validate the administrative state while also limiting and controlling its reach.

From this perspective, the constitutional changes of the New Deal look less like an event centered solely on the Supreme Court and its jurisprudence and more like an adaption that required action by the national legislature to be regarded as legitimate.

The Civic Order of Progressive America: The Fitter Families Ideal and the Acquisition and Loss of U.S. Citizenship
Rogers M. Smith

In the first third of the twentieth century, American leaders affiliated with both political parties and the broader Progressive movement restructured what I term the nation’s “legal civic order” to advance a Fitter Families ideal of American citizenship. The model American family was industrious and prosperous, conventionally religious, patriotic, patriarchal, white, and prolifically fecund. This article analyzes American legislation and executive policies governing immigration, naturalization, denaturalization, and expatriation in the Progressive era to show how comprehensively they expressed this ideal, despite apparent anomalies. National policies sought to exclude persons thought incapable of conforming to Fitter Families standards and to subject Indigenous Americans, inhabitants of the insular territories, and most people of color in America to what Progressives viewed as beneficial “tutelary” forms of second-class citizenship designed to prepare them to approximate the Fitter Families ideal, if they proved capable of doing so. Some on the left of the Progressive movement joined in coalitions with representatives of allegedly “unfit” communities to contest these policies, but substantial changes would not come until succeeding eras in America’s civic development.

Dialogue: The Oliver Wendell Holmes Devise History of the Supreme Court

The Oliver Wendell Holmes Devise: An Introduction
Maeva Marcus

As the third general editor of the Oliver Wendell Holmes Devise History of the Supreme Court, I had the good fortune to be in that position when Mark Tushnet and Robert Post produced their manuscripts on the Hughes and Taft Courts respectively—both truly monumental achievements. By way of introduction, I thought it might be helpful to give JACH readers a short account of the checkered progress of the Devise History, so they might better understand how Professors Tushnet and Post came to undertake such massive projects.

Reflections on the Two Most Recent Holmes Devise Histories of the Supreme Court (Including Mine)
Mark Tushnet

Reading in full Robert Post’s magnificent Holmes Devise history of the Taft Court provoked me to compare the choices he and I made in writing Holmes Devise volumes at roughly the same time.

Two choices Post and I made stood out for me: first, his hope to write a volume “of record” (xxv) compared to my (perhaps resigned) willingness to acknowledge that my volume, long as it is, is not comprehensive; second, his framing of his volumes around what he calls four “narratives about the nature and purpose of constitutional law” (xxvii) compared to my framing around what I called “attitudes” or, sometimes, “legal thought,” drawing upon Duncan Kennedy’s work.

The bottom line should be that his choices were right for him, which in some sense they necessarily were, and mine right for me.  Candor compels me to say, though, that I think my choices were better than his notwithstanding my admiration for his volume’s obviously great merit.

Writing for the Holmes Devise
Robert Post

Although seventy-five years ago it was common for legal historians to focus on the decision-making of apex courts, this had begun to change by 1988. To-day the subject seems positively quaint. Legal historians are now drawn instead to topics like transgender history, or imperial violence, or black legal culture, or intellectual history.  They conceptualize law as emerging from the bottom up, or as epiphenomenally emanating from the practices of governmentality, or as the precipitation of larger cultural developments. All this is very far from viewing law as the conscious, professional practice of judges striving to construct a semi-autonomous system of legal doctrine.

--Dan Ernst 

Weekend Roundup

• 
  Katrina Jagodinsky, University of Nebraska-Lincoln, will be addressing the Department ofHistory and School of Law at the University of Oregon on May 19, from 3:30-5:00 on "Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924," based on her Mellon-funded, NSF supported digital initiative on U.S. Law and Race.

• We have two reports of Maggie Blackhawk's discussion at Dartmouth College on May 6 of "the centrality of American colonialism and Native American history to legal understandings of the United States Constitution (The Dartmouth; Dartmouth News).  

• Lucy Salyer, University of New Hampshire, explains Wong Kim Ark and birthright citizenship on NBC News' "Here's the Scoop" (YouTube).

• Rebecca Tushnet's 2025 Nies Lecture on Intellectual Property at Marquette Law School, entitled  “History and Tradition in First Amendment Intellectual Property Cases” is here.

• That symposium over at Balkinization on Stephen Skowronek's The Adaptability Paradox is now complete and is available here.

• More on the litigation over the executive order curtailing the Presidential Records Act: Jonathan Shaub scores the government lawyers who defended the executive order (Lawfare).  The American Historical Association explains a recent hearing in the dispute.  

• Michael C. Blumm, Lewis and Clark Law School, has posted the preface, table of contents, and first chapter of the second edition of his West Nutshell, A Brief American Legal History, which surveys "American legal history from the Colonial Era to the Trump administration, including an extensive chapter on the first six months of the second Trump administration." 

• John O. McGinnis reviews The Making and Breaking of the American Constitution: A Thousand-Year History by Mark Peterson (Law & Liberty). 

• ICYMI:  Florida’s new history course whitewashes the founders on slavery (Salon)

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Federal History 18

Federal History 18 (2026) has been published.  Here is the TOC:

Editor's Note 

Benjamin Guterman

Roger R. Trask Lecture

“Girl From the North Country”: Pursuing History and Finding Community in the Nation’s Capital
Kristin L. Ahlberg

Articles

Bind Together Whom? The Internal Improvements Debate and Native Dispossession in the Early Republic
James R. Stocker

1870s House Investigations of Bureau Commissioner Oliver O. Howard and the Retreat from Reconstruction
Peter A. Porsche

Woodrow Wilson, American Power, and International Order at the Paris Peace Conference, 1918–1919
Peter Jackson

A Troublesome Reckoning: The Rediscovery of the U.S. Postwar Cover-up of Unit 731 and the Ethical Threat to Democracy
Emily Matson

Patients-in-Chief: The Public History of the President’s Physical Exam
Jacob M. Appel

Interview

An Interview with Sheyda F.A. Jahanbani
Sean T. Byrnes

Law & Constitution Roundtable

The Interbellum Constitution: Union, Commerce, and Slavery in the Age of Federalisms, by Alison L. LaCroix
Introduction: Gerald Leonard, Boston University
Review: Austin Allen, University of Houston–Downtown
Review: James A. Gardner, University at Buffalo School of Law
Review: Grace Mallon, Lady Margaret Hall, University of Oxford
Review: Gautham Rao, American University
Author’s Response: Alison L. LaCroix, University of Chicago Law School

Reviews in Legal History

Richard Primus, “Sins and Omissions: Slavery and the Bill of Rights”
Terri Diane Halperin

Roger A. Bailey, “‘Intercourse . . . of the Most Friendly Nature’: The U.S. Navy, State Power, and William Walker’s Invasion of Mexico,     1853–1854”
Stephen J. Rockwell

Anna O. Law, “The Civil War and Reconstruction Amendments’ Effects on Citizenship and Migration”
Kelly Marino

Andrea Scoseria Katz, “A Regime of Statutes: Building the Modern President in Gilded Age America (1873–1921)”
Benjamin Guterman    

Benjamin Wetzel, “Theodore Roosevelt and the Unionist Memory of the Civil War: Experience, History, and Politics, 1861–1918”
Evan C. Rothera

Hardeep Dhillon. “The Making of Modern US Citizenship and Alienage: The History of Asian Immigration, Racial Capital, and US Law”
Amelia Flood

Kathryn E. Kovacs. “From Presidential Administration to Bureaucratic Dictatorship” 
Lisa K. Parshall

--Dan Ernst

Weekend Roundup

• From In Custodia Legis: A Brief Legislative History of the U.S.-Canadian Border and Nathan Dorn on James Wilson and Natural Law in the First Years of the Republic. 

• Rodger Citron interviews Samantha Barbas on the Civil Rights setting of her book on New York Times v. Sullivan (Touro Law Review Podcast).   

• On May 5, the Historical Society of the New York Courts and the Supreme Court of the State of New York, Appellate Division, Third Department, will host New York’s Own Revolution: The Anti-Rent War of the Hudson Valley and Its Relevance Today, a film screening with Bruce W. Dearstyne, Nancy Newman, and Victoria Kupchinetsky, 

• On June 24, the Gerald R. Ford Presidential Museum will host The Original Debates over Constitutional Interpretation with Jonathan Gienapp. 

• On June 25, Jesse Wegman, a Senior Fellow at the Brennan Center for Justice, will speak at the Atlanta History Center on his book The Lost Founder: James Wilson and the Forgotten Fight for a People’s Constitution.

• On September 17, the Clough Center for the Study of Constitutional Democracy at Boston College will hold the latest version of its annual event, What the Constitution Means to Us, with Doris Kearns Goodwin and Akhil Reed Amar. 

• For Law Day, the Supreme Court Historical Society posted Judge Jon O. Newman's conversation with Ross Davies on three lost early circuit court opinions by the justices. 

• When, in his address to Congress, King Charles III said that “the U.S. Supreme Court Historical Society has calculated that Magna Carta is cited in at least 160 Supreme Court cases since 1789, not least as the foundation of the principle that executive power is subject to checks and balances” he apparently was referring to Catholic University professor Derek Webb’s article in the Journal of Supreme Court History, “What Say the Reeds in Runnymeade? Magna Carta in Supreme Court History,” says the Supreme Court Historical Society.   

• Part 2 of the Lawbook Exchange's April 2026 list of Scholarly Law and Legal History is here.

• ICYMI: A Lancaster, PA, museum opens an exhibit on Thaddeus Stevens (WGAL). Frankfort, Kentucy, courthouse may be renamed in honor of John Marshall Harlan (Kentucky Today). The Rise and Fall of Judge William H. Simmons (History Link).  Lawrence Glickman, Cornell University, on birthright citizenship in the advice columns (Atlantic).

 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers 

Weekend Roundup

• Elizabeth Papp Kamali on "Charles Donahue: Man, Magister, Inimitable Scholar" (Harvard Law Bulletin).  

• The HLS Library has scanned "Harvard’s full collection of 140,000 documents comprising more than 700,000 pages" to produce "the first complete, keyword-searchable online collection of the Nuremberg Trials records" (Harvard Law Bulletin).

• BU Law's notice of legal historian Rephael Stern. 

• Congratulations to Alison LaCroix, upon her election to the American Academy of Arts and Sciences!  Also William Baude and Elizabeth Clemens (UChicago News).  Professor LaCroix will be the speaker at the University of Chicago's 2026 Commencement this June.

• A notice of Jill Lepore's HLS seminar, “The History of Evidence,” devoted to "two key questions: 'What counts as proof?' and 'How has that changed over time?'” (Harvard Law Today).  She discussed her book We the People: A History of the U.S. Constitution on Oregon Public Broadcasting.

• Mary Sarah Bilder and Sarah Isgur will "explore Virginia's central role shaping the nation's founding" as part of the 2026 Founding Debates Program of the George Washington Presidential Library at Mount Vernon and the Virginia Law Foundation on September 24, 2026, from 7 p.m. to 8:30 p.m.  (More.)

• ICYMI: Martin v Hunter’s Lessee (History is Now).  Michael D. Ramsey, Keith Whittington, Kurt Lash, and Lawrence Solum on birthright citizenship (Regulatory Review). The Forgotten History of the School Choice Movement (AEI).

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers 

Weekend Roundup

• Over at JOTWELL, we've noticed several reviews of interest: Maya Manian (American University Washington College of Law) wrote about Aziza Ahmed's Risk and Resistance: How Feminists Transformed the Law and Science of AIDS (2025); Martha Ertman (University of Maryland Francis King Carey School of Law) reviewed Dorothy Brown, Getting to Reparations: How Building a Different America Requires a Reckoning with Our Past (2026); Jedidiah Kroncke (University of Hong Kong) spotlighted María E. Montoya's A Workplace of Their Own: Rockefeller, Roche, and Labor's Battle Over Industrial Democracy (2026). 

• The California Law Review's podcast has posted an episode on Michael Banerjee's "What Harvard’s Lawsuit Should Have Said" (published in the journal's online companion in August 2025).

• On the history-of-higher-ed theme, Banerjee also alerted us to this interesting Portland Press Herald article, on "How Maine’s elite private colleges sold Wabanaki land to bankroll early construction."  

• Vicki Jackson, HLS, delivered the  2026 Malyi Lecture at the University of Chicago Law School on “Knowledge Institutions and Constitutional Democracy.”   

• Jack Rakove will speak on Theory of Constitutional Failure: The American Case at Notre Dame Law on Friday, April 24, 2026, from 2:00 pm - 3:00 pm.

• Congratulations to Kunal Parker, Miami Law, on his selection as Beatrice Webb Visiting Professor at the London School of Economics! 

• And congratulations to Edward J. Balleisen, the new Provost of George Washington University! (GW Today)

• Nathan Dorn on Lodovico Carerio: Heresy, Lawbooks, and the Inquisition in the Kingdom of Naples (In Custodia Legis).   

• Haris A. Durrani, a Prize Fellow in Economics, History, and Politics at Harvard University, has published Engineering the Law: The Complicated Legal History of a Satellite in the American Historical Association's Perspectives on History.

• "The 1874 Arkansas Constitution and records from the convention that produced it are now available online through a collaboration between the University of Arkansas Libraries and the Quill Project at the University of Oxford" (Arkansas News) 

• Lawbook Exchange's April catalogue of Scholarly Law and Legal History.     

• The National Constitution Center has announced the opening on May 15 of "Governing the Nation, a new permanent gallery exploring the Constitution’s system of separated powers."  Its development was guided by "a distinguished scholarly advisory board representing leading universities and research institutions, ensuring a rigorous and balanced exploration of the separation of powers and federalism," including H. W. Brands, Cristina Rodríguez, Yuval Levin, Michael Klarman, Gail Heriot, and Ilan Wurman.

• Deborah Rosen reviews Andrew Fede's A Degraded Caste of Society in the Journal of Southern History.

• That E.O. on the PRA:  The American Historical Association and American Oversight file suit (CBS News).  The Trump Administration Is Trying to Erase Its Own History (Atlantic Daily).  Joyce Vance with the court filing (Civil Discourse).  The AHA's notice of the lawsuit.

• More on Birthright Citizenship: Steve Vladeck, Georgetown Law, on the "pitched battle within the legal academy over the fairly transparent efforts of a small cohort of right-wing law professors to provide a fig leaf of historical support for the Trump administration’s legally and morally odious position in the birthright citizenship case" (One First). Philip Hamburger, Columbia Law, on Allegiance, Birthright, and Citizenship (Law & Liberty).  For a brief time only, you may read, open access, the introduction to Anna O. Law's Migration and the Origins of American Citizenship, here.

• ICYMI:  In the National Constitution Center's series, "Constitutional Voices": W.E.B Du Bois and Elizabeth Cady Stanton.  Kevin Kruse rethinks the Civil Rights Movement (Campaign Trails).

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Sunday Roundup

• The legal historian David Langum has died.  He was a professor or research professor at the Cumberland School of Law of Samford University as a professor of law from 1985 until his death.  His publications include the Hurst Prize-winning Law and Community on the Mexican-California Frontier: Anglo-American Expatriates and the Clash of Legal Traditions, 1821-1846 (University of Oklahoma Press, 1987) and Crossing Over the Line: Legislating Morality and the Mann Act (University of Chicago Press, 1994).  More.

• The Hoover Institution's Alliance for Civics in the Academy hosts "Historical Thinking and Democratic Citizenship" with Mary Clark, Suzanne Marchand, Jeffrey Collins, and Jonathan Gienapp on Wednesday, April 22, 2026, from 9:00–10:00 a.m. PT.

• The recent turn in the originalism wars has moved Dan Farbman, BC Law, to "an Emersonian polemic."

• On Sunday, April 19, 2026, from 2-4 pm, Michael Ross, University of Maryland, will lecture on “The Constitution They Argued Over: Power, Democracy, and Compromise in 1787” at the historic Rice’s Hotel/Hughlett’s Tavern, 73 Monument Place, Heathsville, Maryland (RealRadio).  

• Stephen Lubet, Northwestern Law, on John Brown's Trial and Birthright Citizenship (Slate).   

• A review of James Q. Whitman's From Masters of Slaves to Lords of Lands: The Transformation of Ownership in the Western World by Jane Webster, Newcastle University (BHR).

--Dan Ernst

Weekend Roundup

• An alarming opinion of the Office of Legal Counsel of the US Department of Justice advising White House Counsel that the Presidential Records Act is unconstitutional.  WaPo's story is here.

• 
  Having written about two thirds of a history of a law school, word of a new contribution to the genre always intrigues me.  Here's a notice of Legal Education at the University of Virginia: Tradition and Transformation (University of Virginia Press).  DRE

• In the American Prospect: Felicia Kornbluh (University of Vermont) writes about the Supreme Court's recent decision in Chiles v. Salazar (involving a Colorado ban on "conversion therapy"). The piece also quotes legal historian Marie-Amélie George (Wake Forest University Law School). 

• Via Brian Rosenwald: "Made by History" has a new home. Going forward, it will partner with the Philadelphia Inquirer. New pitch email: madebyhistory@inquirer.com.  

• On Friday, April 10, Alejandro de la Fuente, Harvard University, will deliver the sixteenth annual Presidential Lecture at Tufts University on Slavery, Freedom, Race, and the Law in the Americas.  The lecture will be based on his and Ariela J. Gross’s book, Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (THR).

• Over at Divided Argument, William Baude hosts a roundtable with Christian Burset, Jonathan Green, and Ryan Snyder on their recent articles, which Baude describes as some of the best contributions to a "recent round of scholarship on history and tradition in legal interpretation."    

• And over at Modern American History, Sarah Seo hosts a roundtable of historians to discuss  "the benefits of and challenges to translating historical scholarship for a legal audience."  With Laura Edwards, Jennifer Mittelstadt, Samuel Erman, Nathan Perl-Rosenthal, Maggie Blackhawk and Ned Blackhawk.

• G. Edward White discovers who pranked the U.S. Supreme Court "by filing a phony cert petition challenging an absurd DC noise ordinance" (Oyez).

• That symposium over at Balkinization on Stephen Skowronek's Adaptability Paradox continues, with, among other contributions, Jeremy Kessler's Material Foundations of American Constitutional Development. 

• The latest issue of the Journal of American History includes several articles of interest to legal historians, including One Person, One Vote? The Gap between Representative Equity and Mathematical Equality after Baker v. Carr, by Alma Steingart, which shows how "litigants, Supreme Court justices, judges, and mathematical experts struggled to align the theoretical concept of political representation with mathematical notions of equality" in the malapportionment cases of the 1960s. 

• The NYT review of Mark Peterson's The Making and Breaking of the American Constitution: A Thousand-Year History (Princeton University Press) and a blog post by the author.

• The April 2026 newsletter of the Historical Society of the District of Columbia Circuit is here. 

• More on Birthright Citizenship.  John Yoo says that it has a long historical precedent (AEI).   Kate Masur  "Fact-Checks President Trump’s Birthright Citizenship Order" (CBS Chicago).  John Mikhail on Jurisdiction, Domicile, and the Ratio Decidendi of Wong Kim Ark (Balkinization).  Yet another dispatch from the war between the law professors on the history of the citizenship clause.  (Courthouse News Service).  And has the distance between law professor Bluesky and NYT opinion page ever been shorter? 

• ICYMI: A new book on Sarah Keys Evans, "The Black Veteran Who Desegregated Interstate Buses" (Mother Jones).  Tom Lee on the Declaration of Independence at 250 (Fordham Law). A Century of Colonial Tariffs (LPE Project).  High school students explore Münster’s legal history (Universität Münster).

 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Whittington and Heilpern on "Subject to the Jurisdiction of"

Keith E. Whittington, Yale Law School, and James Heilpern, who is Counsel at Schaerr Jaffe, LLP, where he specializes in complex litigation and corpus linguistics, and also a Research Fellow at the Georgetown Center for the Constitution, has posted "Subject To The Jurisdiction" as Legal Text:

The Citizenship Clause of the Fourteenth Amendment guarantees citizenship to all persons born in the United States and "subject to the jurisdiction thereof." This Article challenges the allegiance-based model by applying an original public meaning framework to the Citizenship Clause. Drawing on mid-nineteenth-century legal and legislative sources, the Article demonstrates that "subject to the jurisdiction" was a conventional legal term of art signifying that an individual was within the governing authority and protection of the sovereign. The Article concludes that the original meaning of the Fourteenth Amendment reinforces a broad, territorial rule of birthright citizenship that is independent of parental allegiance or immigration status. 

--Dan Ernst

Birthright Citizenship Roundup

• From the op-ed pages of the New York Times: "Trump Says Birthright Citizenship Was Only for the Children of Slaves. He’s Wrong" -- by Martha S. Jones (Johns Hopkins) and Kate Masur (Northwestern). 

• Over in the Washington Post: "Trump officials cite white supremacists in bid to end birthright citizenship" --with quotes from legal historians Lucy Salyer (University of New Hampshire) and Sam Erman (University of Michigan).  

• Over in The Economist: What the Supreme Court will make of birthright citizenship--with quotes from Anthony Michael Kreis (Georgia State University) and Anna Law (Brooklyn College).

• Over in the Wall Street Journal: Randy E. Barnett believes that Trump Is Right on Birthright Citizenship: The 14th Amendment's authors would exclude illegal and visiting aliens from U.S. “jurisdiction.

• The NYT reports that Trump’s Birthright Citizenship Order at Supreme Court Splits Conservative Scholars.

• And many legal historians make or criticize what Mother Jones calls The Nonsense Case Against Birthright Citizenship. 

• Update: Jamelle Bouie on The Birthright Con (NYT).

This Roundup has been compiled by all the Legal History bloggers. 

Lee on Birthright Citizenship and Residence

Thomas H. Lee, Fordham University School of Law, has posted The Citizenship Clause's Residence Requirement:

The debate about President Trump’s January 20, 2025 Executive Order denying automatic American citizenship to children born in the United States to unlawfully or temporarily present foreign parents is divided into two polar-opposite camps asserting that it’s wholly constitutional or wholly unconstitutional.  In a new academic paper, I make the case that the 1868 original meaning of the Fourteenth Amendment's Citizenship Clause supports a middle position: a child born in the United States to alien parents is automatically a citizen if the parents reside in the United States even if they entered unlawfully, but the child is not a citizen if the alien parents are in the United States as temporary sojourners, like tourists. This original, revisionist interpretation of the Citizenship Clause is faithful to the Clause’s text and original meaning and also consistent with the Constitution’s other citizenship-related provisions, relevant Supreme Court decisions, and the larger, evolving context of domestic and international citizenship controversies the Clause was ratified to address, while recovering an original meaning that sensibly speaks to modern realities.

--Dan Ernst

Lash Responds to Ramsey on Birthright Citizenship and Allegiance

Kurt Lash, University of Richmond School of Law, has posted The Allegiance Reading of the Citizenship Clause and Its Critics: A Response:

John A. Bingham (LC)

The Fourteenth Amendment establishes two requirements for natural born citizenship: First, one must be born in the United States. Second, one also must be born “subject to the jurisdiction” of the United States. In a prior article, I explained how the framers and ratifiers understood the latter text as requiring that one be born subject to the sovereign people of the United States in the sense of owing a primary allegiance to the United States. In a recent essay, Professor Michael Ramsey critiques the allegiance theory and argues that the text should be read to include any person born in the United States subject to its lawful or “sovereign authority.” 

Professor Ramsey’s reading is thoughtful but cannot be correct. Ramsey substitutes the phrase “under sovereign authority” for the actual text “subject to the jurisdiction” of the United States, and he invests it with a meaning based on common law instead of the actual understanding of the framers and ratifiers. The result is an interpretation held by congressional Democrats but expressly rejected by the Republican framers. Nor can Ramsey’s “subject to sovereign authority” theory account for the exclusion of the one category everyone involved insisted be excluded: children born to Native American parents. 

Most of all, Ramsey cannot explain away the abundant historical evidence supporting an 1866 allegiance-based understanding of natural born citizenship. In one of the most widely published speeches of the Thirty-Ninth Congress, and one that Ramsey does not mention, John Bingham explained that “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen.” Both the 1866 Civil Rights Act and the Fourteenth Amendment communicated this same Republican theory of natural born citizenship.

--Dan Ernst 

LHR 44:1

Law and History Review 44: 1 (February 2026) has been published, open access, online.  It is a joint special issue with The William and Mary Quarterly, entitled "New Legal Histories of the American Revolution."  LHR editor Gautham Rao writes on social media that the issue "offer[s] a new methodological challenge to well-trod historiographical terrain."

Bringing the Law and the Local Back In to the Revolution
Sarah Barringer Gordon

The Tension between Religious Liberty and Religious Establishment in Revolutionary New England
Mark Valeri

“They Are Their Citizens and Must Submit to Their Government”: Citizenship and the Creation of the Federal Government, 1776–1787
Jessica Choppin Roney

Popular Government and the Limits of the Law at the Outset of the American Revolution
Donald F. Johnson

Legislation, Regulation, and Administration in the American Revolution
William J. Novak

Review Essay
Something Else: History, Legal Imagination, and the American Revolution
Matthew Crow

Weekend Roundup

• The Asian Legal History Association has hosted its official launch in Hong Kong (The Standard).  The speech of the Secretary for Justice, Paul Lam, at the launch is here. Update: Donal Coffey was there, too.

• Ian Mansfield's review of the exhibition, Londoners on Trial: Crime, Courts and the Public 1244-1924, at the London Archives until February 25, 2027.

• From the Conversation: "The deaf blacksmith who married in 1576 – and the history of sign as a legal language."

• Over at JOTWELL: Blake Emerson (UCLA Law) has posted an admiring review of Nathaniel Donahue's "Officers at Common Law," which is forthcoming in the Yale Law Journal.   

• Ashley Everson on Pauli Murray, the Brown Decision, and the Struggle for Equal Rights (Black Perspectives).

• A notice of Akhil Reed Amar's Giannella lecture at Villanova on Born Equal: Remaking America’s Constitution, 1840–1920 (Villanovan). 

• Five Takeaways from conference on Richard Primus’s The Oldest Constitutional Question  (Michigan Law). 

• Now online: the website of the 14th Amendment Center for Law and Democracy at Howard Law School, led by Sherrilyn Ifill.

• ICYMI: Birthright Citizenship Edition.  Dahlia Lithwick spoke to Anna O. Law about Law's book, Migration and the Origins of American Citizenship (Amicus). Ilya Somin on Slavery and Birthright Citizenship (Lawfare).  Smita Ghosh on Lynch v. Clarke (1844), the birthright citizenship case you never heard of (Slate). Akhil and Vikram Amar and Jason Mazzone on why the text, history, and structure of a landmark 1952 statute doom Trump’s executive order (SCOTUSblog). 

• ICYMI: Orin S. Kerr on How AI Tools Can Help With Legal History Research (Volokh Conspiracy). "The Trump administration’s campaign to remove National Park Service exhibits that 'inappropriately disparage' historical figures" has bogged down (Politico).

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Weekend Roundup

• Congratulations to Hardeep Dhillon (University of Pennsylvania), who received the Early Career Achievement Award from the Association for Asian American Studies.  

• The University of Nebraska-Lincoln's notice of Katrina Jagodinsky's NEH grant to "reveal [the] untold history of habeas corpus" (Nebraska Today).  

• Overt at Jotwell, Marin Levy reviews Kevin Arlyck's The Nation at Sea: The Federal Courts and American Sovereignty, 1789–1825 (2025). 

• "Reclaiming the Founders’ Frameworks": Stanford Law's notice of Jud Campbell. 

• We've learned of several historians' briefs in the birthright citizenship case, Trump v. Barbara. This one is by Jed H. Shugerman and Evan Bernick, and this one, prepared in cooperation with the Brennan Center for Justice, is by Martha S. Jones and Kate Masur.  Eric Muller's brief describes the recognition of the birthright citizenship of the children of interned Japanese parents without allegiance to the United States.  Keith Whittington's brief includes the heading, "Revisionist History Cannot Hold Water."  And the Cato Institute weighs in here.

• A recording, with a very substantial timeline, of the American Historical Association's congressional briefing on the history of vaccines, with Elena Conis, David Oshinsky, and former ASLH president Michael Willrich. 

• “The Rule of Law and the Common Good,” a conference on March 12 and 13 at Boston College, "will explore the synergy between legal theory and Catholic social thought."

• "A short piece for lay readers" on Youngstown by William Baude, University of Chicago Law.  

• Mary Arden, Lady Arden of Heswall, the former Justice of the Supreme Court of the United Kingdom, will lecture on Magna Carta on Friday, April 24, at Soulton Hall, Shropshire (Star). 

• The Historical Society of Michigan is hosting the virtual event The 1962 Michigan Constitutional Convention: Policy, Politics, and Citizen Engagement, with Doug Brook and Aria Dwoskin, on Tuesday, March 3, at 12:00 p.m.  Free for members; $7 for everyone else.

•  ICYMI: A report of a panel on the New Hampshire Constitution of 1776, with Lorianne Updike Schulzke (Concord Monitor).  The New York State Bar Association notes its sesquicentennial (NYSBA).  Eric Segall argues that "If 'It Takes a Theory to Beat a Theory,' Originalism Loses" (Dorf).  Robert Morton Duncan, the first Black justice of the Supreme Court of Ohio (CNO).

  Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.