14th amendment Archives - Independence Institute

Can Trump be disqualified from the presidency?0
- February 25, 2021
Congress cannot disqualify Trump from serving as president again.
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What should you remember when drafting a constitutional amendment?0
- October 16, 2016
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me
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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 marriage 0
- 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
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Rob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship"0
- September 12, 2015
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How the Constitutional Case Against Citizenship for Children of Illegal Entrants SHOULD Be Argued 0
- 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
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Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates 0
- 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
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