About birthright citizenship
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
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Yet another constitutional precedent: a colonial charter from New York
The Charter foreshadowed important provisions in the Bill of Rights.
Yet another constitutional precedent: a colonial charter from New York Read More »
A spash of cold water: Kavanaugh probably won’t change much, but there are other options
This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve
A spash of cold water: Kavanaugh probably won’t change much, but there are other options Read More »
Are recent “rescissions” of Article V applications valid?
“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.
Are recent “rescissions” of Article V applications valid? Read More »
Missouri court gets it right on constitutional amendment law
“The courts have a long record of applying constitutional amendment law accurately and fairly.”
Missouri court gets it right on constitutional amendment law Read More »
What does it mean for the Senate to give Its “Advice and Consent?”
“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”
What does it mean for the Senate to give Its “Advice and Consent?” Read More »
II Court Brief Uphold’s Founders’ View of Electoral College
But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.
II Court Brief Uphold’s Founders’ View of Electoral College Read More »
New article shows how 18th century law helps us understand the Constitution
“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
New article shows how 18th century law helps us understand the Constitution Read More »
Impeachment: What did the Founders mean by “High Misdemeanors?”
A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
Impeachment: What did the Founders mean by “High Misdemeanors?” Read More »
What Happens to America’s International Treaty Obligations When States “Legalize” Pot?
….. before the Constitution was signed . . . states passed laws violating the 1783 treaty with Britain . . . .
What Happens to America’s International Treaty Obligations When States “Legalize” Pot? Read More »
The Founders’ promises about what the Federal Government could NOT do
Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The Founders’ promises about what the Federal Government could NOT do Read More »
The U.S. Post Office: the Constitution’s odd nod to socialism
What does the Postal Power tell us about congressional delegation to administrative agencies?
The U.S. Post Office: the Constitution’s odd nod to socialism Read More »