Does the Constitution Allow a Female President? Originalism Says Yes. Some Types of Nonoriginalism May Say No.

This might seem like an odd question, but a journalist recently asked me my opinion about the matter.  It turns out that Article II of the Constitution refers to the President as a him.  For example: “He shall hold his Office during the Term of four Years.”  If this “he” meant only a male person, there would be a strong argument that the President had to be a male.

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Does the 14th Amendment Grant Citizenship to Children of Foreigners?

Today, most people believe that children of illegal aliens who are born in the United States are automatically conferred citizenship by virtue of the 14th Amendment. American politicians regularly pontificate on this topic, basing their positions on constitutional and humanitarian grounds. The issue is considered settled by the federal courts, which have announced continually that this passage was meant to grant citizenship to the children of all foreigners and aliens.

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The Constitution and Birthright Citizenship

The short version is this: The first sentence of the Fourteenth Amendment conveys U.S. citizenship on all persons “born … in the United States and subject to the jurisdiction thereof.” Obviously we are talking here about persons “born … in the United States.” Thus the children of illegal aliens are not U.S. citizens only if they are not “subject to the jurisdiction” of the United States.

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But Doesn’t Federal Law Supersede State Law?

Whenever we publish something about an anti-commandeering-style nullification bill, somebody inevitably responds with something along these lines. “I’m not a lawyer, but doesn’t federal law supersede state law?”

In short, the answer to that question is no.

In fact, the Supremacy Clause doesn’t even apply when it comes to anti-commandeering.

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Can the Federal Government Ban Anything?

Even though it is true that the government currently bans all kinds of things, I am asking a serious question. Let me expand and clarify it. Is the federal government authorized by the Constitution to make illegal the possession of any substance that it deems it to be harmful, hazardous, immoral, addictive, threatening, damaging, injurious,…

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