Understanding the Constitution: the 14th Amendment: Part I
- November 15, 2021
The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.
READ MOREDeSantis has just helped educate us on the rule of law. For that he deserves our gratitude.
READ MOREAs 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.
READ MOREAll of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
READ MOREFor the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
READ MOREThe leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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