Because the federal government – including the federal courts – is a creature of the people of the states, its opinion can never be the final word on what is constitutional or not.Details
Did the Founders create this, or is it the invention of someone else?Details
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.Details
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.Details
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.Details
Earlier today, Judge Andrew Napolitano said that Donald Trump’s immigrant deportation plan, which includes deportation for people born here because their mothers are “here illegally,” is “prohibited by the Constitution.”Details
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.Details