The conservative majority wants to apply a “history and tradition” test to the Second Amendment. But whose history—and what ...

If original intent means anything when understanding the Constitution, it pays to listen to what the folks in the Senate said when debating the 14th Amendment and its clause establishing ...

Leaving birthright citizenship to the Roberts court is walking into a minefield – legislation is the smarter route to end ...

According to the original penners of the 14th Amendment, that clause refers to citizens expressing allegiance to the U.S. and U.S. only and no other country. Immigrants illegally entering the U.S ...

On his first day in office, President Donald Trump signed an executive order ending automatic citizenship for children born ...

In its stead, the Fourteenth Amendment was proposed ... It should be noted that whatever might have been the true original meaning of the clause, no scholar has accepted Justice Miller’s ...

Nor could it reflect the “original public meaning” of the 14th Amendment, when it was ratified in 1868, as claimed by Barnett and Wurman. The first significant federal immigration law was not ...

But does the 14th Amendment speak to abortion at all? Adler says no. No justice has ever held it does, “and no justice who considers himself or herself bound by the original public meaning of ...

Trump's executive order deviates entirely from the historical meaning of the 14th amendment. This amendment, a product of the post-Civil War constitutional revolution, guaranteed that every person ...

As with the regulatory takings doctrine, it is possible that the original meaning of the Fourteenth Amendment incorporates a public use requirement against the states even if the Fifth Amendment ...

When the court addresses that question — which it almost certainly must — it should consider the 14th Amendment’s original purpose and the common-law principle of “jus soli,” or ...

United States President Donald Trump has suggested that the 14th Amendment right to American citizenship never had anything to do with modern-day “gate-crashers”. Trump insisted that it had ...