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 author says executive order stripping US citizenship from children born in this country, protected by the 14th Amendment, could imperil other constitutional amendments.

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 ...

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

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

“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 ...

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 ...

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 ...

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 ...