Natural Born Citizens and Minor v Happersett

I had an interesting exchange by email with a reader I’ll identify (at his request) just as TJ, an independent researcher, about the original meaning of “natural born citizen” and my views expressed in this post.  We’ve covered a lot of ground so I’m just going to pick out a part of it here, regarding the Supreme Court’s 1874 decision in Minor v. Happersett.


Amicus Brief in Tuaua v. United States

Last week I joined a group of distinguished scholars on this amicus brief filed in support of plaintiffs/appellants in Tuaua v. United States, the Samoan citizenship case now at the D.C. Circuit.  As I’ve discussed before, the issue is whether the Constitution allows the United States to treat inhabitants of American Samoa (a U.S. territory) as something less than American citizens (they are called “non-citizen nationals”).


Some Responses on McCutcheon and Campaign Finance Legislation

Michael Perry writes:

I share your originalist misgivings about the plurality and Thomas opinions in McCutcheon. However, a reader of your most recent post on the mattermight conclude that you have bought into the “expected applications” version of originalism, and I doubt you mean to do that!  So, you might want to say something further about the version of originalism you are bringing to bear in expressing your misgivings about the McCutcheon opinions.