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 ...

“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 ...

"This idea that you can come across the border, two days later have a child and somehow that's an American citizen, that was not the original understanding of the 14th Amendment and so we'll take ...

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 ...

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 ...

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 ...

A federal judge put a temporary stay on the order, but the final decision on how to interpret the 14th Amendment, which most legal scholars say grants birthright citizenship, will likely be decided by ...

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 ...