14th Amendment

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...

Charlottesville: Blame the Incorporation Doctrine

by Mike Maharrey | Sep 21, 2017 | 14th Amendment, Current Events, 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...

The Supremacy Clause and the Bill of Rights

by Mike Maharrey | Sep 9, 2017 | 14th Amendment, Bill of Rights, Constitution, Incorporation Doctrine, Supremacy Clause

Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But some proponents of using federal power to restrict state...

Antonin Scalia and the Incorporation Doctrine

by Dave Benner | Jan 15, 2017 | 14th Amendment, Eleven Years, Incorporation, Judiciary

Antonin Scalia has been given much credit as a champion of “originalism,” a school of constitutional interpretation that bases its deductions on the common understanding reached at the time of ratification. Rejecting the view that the Constitution should be settled by...

The Right to Keep and Bear Arms is a Natural Right, not a “Constitutional Right”

by Mike Maharrey | May 3, 2016 | 14th Amendment, 2nd Amendment

A strong movement to end state conceal carry permit requirements has blossomed in the U.S. over the last couple of years. Supporters dub the idea “constitutional carry,” and often argue, “The Constitution is my gun permit,” or a variation on the theme, “The Second...

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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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