14th Amendment
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...
The Supremacy Clause and the Bill of Rights
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...