Fourteenth Amendment

Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling 0
- May 16, 2023
Not raising the debt limit doesn’t cause default; it just forces the federal government to run a balanced budget.
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Understanding the Constitution: Why it doesn’t protect the unborn 0
- August 10, 2022
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
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Understanding the Constitution: the 14th Amendment: Part II 0
- November 21, 2021
As flexible as the Equal Protection Clause is, the Supreme Court has managed to exceed its scope.
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Understanding the Constitution: the 14th Amendment: Part I 0
- November 15, 2021
This two-part essay is a primer on the longest amendment ever adopted—the 14th.
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Can Trump be disqualified from the presidency?0
- February 25, 2021
Congress cannot disqualify Trump from serving as president again.
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Justice Thomas again shows he’s the Supreme Court’s only consistent originalist 0
- February 25, 2019
Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.
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