14th Amendment

Does the Constitution Protect the Unborn?

by Rob Natelson | Aug 27, 2022 | 14th Amendment, 5th Amendment, Constitution

When the Supreme Court overruled Roe v. Wade (pdf), most of the outrage came from those who believe the U.S. Constitution protects abortion rights. However, a few argued that the Constitution mandates a national standard forbidding abortion. This essay explains why...

Fact Check: No, overruling Roe v. Wade would not endanger other rights

by Rob Natelson | May 25, 2022 | 14th Amendment, Court Cases, Current Events, Judiciary

In a previous essay, I surmised that the purpose of leaking the Supreme Court’s draft opinion overruling Roe v. Wade (pdf) was to expose one or more justices to political pressure. Abortion proponents are now applying that pressure—in the media, from academia, in...

Understanding the Constitution: The 14th Amendment Part II

by Rob Natelson | Dec 8, 2021 | 14th Amendment, Constitution

Last month’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This installment addresses the remainder of Section 1 as well as Sections 2 through 5....

Understanding the Constitution: the 14th Amendment: Part I

by Rob Natelson | Nov 17, 2021 | 14th Amendment, Bill of Rights

Past installments in the “Understanding the Constitution” series have focused mostly on the original, un-amended document. This two-part essay is a primer on the longest amendment ever adopted—the 14th. Some say it’s the most important amendment, because it empowered...

This Is Why America Is In Trouble

by Brion McClanahan | Feb 24, 2021 | 14th Amendment, Current Events, Incorporation Doctrine

America isn’t in trouble because of Joe Biden. America isn’t in trouble because of Alexandria Ocasio-Cortez and “The Squad.” America is in trouble because of the so-called “incorporation doctrine.” This makes every political issue...

The Incorporation Doctrine and the Bill of Rights

by Mike Maharrey | May 23, 2020 | 14th Amendment, Bill of Rights, Court Cases, Incorporation Doctrine

In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of federal courts policing rights at the state and local level will point to the 14th Amendment. They argue...

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The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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