The Supreme Court’s Trademark Case and the First Amendment: Carrying History Too Far
- June 30, 2024
CONSTITUTION – Supreme Court
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What Did The Founders Mean by “Due Process of Law?” Hint: SCOTUS to the contrary, it had nothing to do with same-sex marriage0
- October 9, 2015
Note: This article originally appeared in The American Thinker. 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 Amendment extended that prohibition to the
READ MOREHow A Famous English Convention Clarifies the Role of a Convention of States0
- September 26, 2015
Note: This article first appeared on the American Thinker website. In the Anglo-American constitutional tradition, a “convention” can mean a contract, but the word is more often applied to an assembly, other than a legislature, convened to address ad hoc political problems. The “Convention for proposing Amendments” authorized by Article V of the Constitution is
READ MORERob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship"0
- September 12, 2015
How the Constitutional Case Against Citizenship for Children of Illegal Entrants SHOULD Be Argued0
- September 12, 2015
This is a corrected version of an article originally appearing at the American Thinker website. It is the third of a three-part series. In two prior postings (here and here), I listed flaws in the constitutional arguments of opponents of birthright citizenship for children of aliens living here illegally. For children to be American citizens
READ MOREBirthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates0
- September 4, 2015
An earlier version of this article first appeared in The American Thinker. 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 is a mistake. Opponents of birthright citizenship
READ MOREAn Objective Guide to Birthright Citizenship0
- August 31, 2015
An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely
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