Field Notes on the Republic

Equal Protection, the Fourteenth Amendment's Quiet Revolution

Equal Protection, the Fourteenth Amendment's Qu...

Michael Fowler

Some of the most powerful sentences in American law are also the shortest. A close reading of the Fourteenth Amendment's sixteen words on the equal protection of the laws, what...

Equal Protection, the Fourteenth Amendment's Qu...

Michael Fowler

Some of the most powerful sentences in American law are also the shortest. A close reading of the Fourteenth Amendment's sixteen words on the equal protection of the laws, what...

The Case for Reading the Constitution Narrowly

The Case for Reading the Constitution Narrowly

Michael Fowler

When the Supreme Court hands down a decision, the deeper argument is about how the Constitution should be read at all. This essay takes up the case for reading it...

The Case for Reading the Constitution Narrowly

Michael Fowler

When the Supreme Court hands down a decision, the deeper argument is about how the Constitution should be read at all. This essay takes up the case for reading it...

Nine Justices, and the Time Someone Tried to Change It

Nine Justices, and the Time Someone Tried to Ch...

Michael Fowler

There are nine justices on the Supreme Court, and the number appears nowhere in the Constitution. In 1937, a popular president freshly reelected by a landslide came very close to...

Nine Justices, and the Time Someone Tried to Ch...

Michael Fowler

There are nine justices on the Supreme Court, and the number appears nowhere in the Constitution. In 1937, a popular president freshly reelected by a landslide came very close to...

The Jury, Self-Government's Smallest Room

The Jury, Self-Government's Smallest Room

Michael Fowler

Most self-government happens at a distance, through people we elect. The jury is the exception, the one place the government's power is handed directly to twelve ordinary people in a...

The Jury, Self-Government's Smallest Room

Michael Fowler

Most self-government happens at a distance, through people we elect. The jury is the exception, the one place the government's power is handed directly to twelve ordinary people in a...

Marbury, and the Case That Built a Power

Marbury, and the Case That Built a Power

Michael Fowler

The case that gave American courts their defining power was, on its surface, a quarrel about a job, and the man who brought it lost. How Chief Justice John Marshall,...

Marbury, and the Case That Built a Power

Michael Fowler

The case that gave American courts their defining power was, on its surface, a quarrel about a job, and the man who brought it lost. How Chief Justice John Marshall,...

The Printer, the Jury, and a Morning in 1735

The Printer, the Jury, and a Morning in 1735

Michael Fowler

In 1735 a German immigrant printer sat in a New York jail for setting the type of a paper that criticized the royal governor. By every rule of law then...

The Printer, the Jury, and a Morning in 1735

Michael Fowler

In 1735 a German immigrant printer sat in a New York jail for setting the type of a paper that criticized the royal governor. By every rule of law then...