14th Amendment

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...

The “Right to Travel”

by Rob Natelson | May 14, 2020 | 14th Amendment, Constitution, Privileges and Immunities Clause

During the COVID-19 epidemic, state and local governments have restricted greatly the freedom of citizens to travel from one place to another. As I have pointed out, many of these restrictions violate modern constitutional law. The Supreme Court characterizes the...

Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment

by Suzanne Sherman | Jul 14, 2019 | 14th Amendment, 4th Amendment, Court Cases, Incorporation Doctrine

A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50 sovereign states and over 325 million people in the hands of nine...

Giving Federalism the Middle Finger

by Suzanne Sherman | Mar 22, 2019 | 14th Amendment, 1st Amendment, Bill of Rights, Constitution, Incorporation Doctrine

The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political system the founders created. Whether you agree with the behavior or not, the “right” to wave your middle...

Birthright Citizenship and Constitutional Interpretation

by Michael D. Ramsey | Oct 30, 2018 | 14th Amendment, Immigration and Naturalization

Various media outlets are reporting that President Trump is considering an executive order modifying rules on birthright citizenship. They are also typically reporting or heavily implying that this order would violate the Constitution. I think the issue is more...

The McDonald Case Was an Originalism Failure

by Suzanne Sherman | Sep 29, 2018 | 14th Amendment, 2nd Amendment, Court Cases

Perhaps the most significant and long-lasting legacy of Donald Trump’s presidency will be his appointments to the United States Supreme Court. Supporters of candidate Trump expressed excitement over the opportunity for a Republican President to appoint a jurist...

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