
14th Amendment


Giving Federalism the Middle Finger
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
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
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...
Charlottesville: Blame the Incorporation Doctrine
There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed during the Unite the Right Rally. Two state troopers also died when...