“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.”
The federal Indian Child Welfare Act (ICWA) is a classic instance of congressional overreach: It imposes sweeping child adoption rules on the states and has caused extreme hardship for Native children and the non-Native families who have opened their hearts and homes...
Last month’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This installment addresses the remainder of Section 1 as well as Sections 2 through 5....
