Author Archives: brandonrothenberg

Massive Resistance to Brown and Brown II

Michael Klarman argues in From Jim Crow to Civil Rights (2004) that the significance of Brown v. Board of Education (1954) – and the re-argument of that case in Brown v. Board of Education II (1955) – stems from the … Continue reading

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Luther v. Borden: Justiciability and Martial Law

In Lincoln’s Constitution (2003) Daniel Farber prefaces his discussion of martial (or military) law and its use during the Civil War with the Supreme Court case that assured its legitimacy – Luther v. Borden (1849) (148-9). (The case documents are available … Continue reading

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Samad on Gay Marriage as a Constitutional Question

Anthony Asadullah Samad notes the significance of the Constitution in today’s gay rights debate in his op-ed piece titled “Overturning Proposition: Gay marriage ban was always a constitutional question” – featured in the Chicago Defender in August 2010. Sparked by … Continue reading

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Early Debate in Pennsylvania: James Wilson and “An Old Whig”

Just as the ratification process began in Pennsylvania in October 1787, James Wilson gave a speech before a “raucous” crowd that helped offer his responses to various criticisms already made against the Constitution (Richard Beeman, Plain, Honest Men (2010), 379). … Continue reading

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George Read

When first describing George Read, a delegate from Delaware, in Plain, Honest Men (2009) Richard Beeman notes that the delegate gave a “clear signal of serious trouble down the the road” just as the Convention began (71). This “trouble” pertained … Continue reading

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