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 ...

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

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 ...

“Thomas Jefferson said men were created equal, but the original Constitution betrayed that promise by allowing for slavery,” says Jeffrey Rosen. “The 13th, 14th and 15th amendments were ...

The Trump administration has taken the president's battle against birthright citizenship for undocumented immigrants.to the Supreme Court.

This was eliminated by the 14th Amendment, which established equal protection of the laws and due process for all. Critics of the Tea Party point to this clause in the original constitution as ...

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 ...

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 ...

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 ...

Does the Civil War-era insurrection clause of the 14th Amendment disqualify Donald Trump from holding higher office? The court will hear a… It's the first time the nation's highest court will ...