There can be no perfect interpretation of the Citizenship Clause. But there is a best one: A child is born “subject to the jurisdiction” of the United States when his or her parents are in allegiance to the US—either US citizens or non-diplomat foreigners from friendly countries legally in the United States.
Cutting the Gordian Knot of Birthright Citizenship Read More »
What makes this issue so difficult is that all the major positions have evidence to support them.
Why Issues of Birthright Citizenship Are So Difficult Read More »
The Supreme Court ruled against requiring members of “majority groups” to bear a higher burden to prove illegal discrimination.
SCOTUS Nixes Discrimination Against Heterosexuals and White Males Read More »
This article outlines constitutional parental rights and why forcing transgender ideology on parents violates those rights.
Explaining Constitutional Parental Rights vs. Colorado’s Transgender Naming Bill Read More »
Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
SCOTUS Defends Property Rights, but Raises Constitutional Questions Read More »
This post discusses five constitutional amendments affecting elections.
The Constitution and Elections, Part II: Ideal Voters and Changes by Amendment Read More »
Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”
How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship Read More »
Why would those responsible for the 14th amendment disqualify a former insurrectionary from most other offices, but not from the presidency? . . . The chances of a former Confederate being elected President were effectively “zero.”
Why It May be Impossible to Disqualify Trump from the Presidency Read More »
President Trump has never been convicted—or even charged—with insurrection. . . . I think there should be a conviction for criminal insurrection before a person is disqualified.
The Colorado Supreme Court’s Decision Disqualifying President Trump Read More »
Sixty years of political experience have taught me that secular leftists, unlike most traditional conservatives and liberals, often do not play by the rules.
Why I Still Doubt the 2020 Election Read More »
Not raising the debt limit doesn’t cause default; it just forces the federal government to run a balanced budget.
Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling Read More »
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
Understanding the Constitution: Why it doesn’t protect the unborn Read More »
