14th Amendment
The Supreme Court Has Been Part of the Problem for a Long Time
I know all the partisan pundits that canvas the mainstream news outlets will disagree, but I do not believe Scalia’s death will change much. The courts have been part of the problem we face for a long time. The federal courts have already been complicit in the...
Why the “Original Intention?”
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). Current indifference to the “original...
What Did The Founders Mean by “Due Process of Law?”
The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment Due Process Clause prohibited the federal government from depriving any person of “life, liberty, or property without due process of law.” The Fourteenth...
Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates
Opponents of birthright citizenship often cite fragments of the congressional debate over the Fourteen Amendment’s Citizenship Clause to argue that the amendment’s drafters intended to exclude the children of visiting foreigners. However, reliance on these fragments...