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Invasion and Birthright Citizenship

Invasion and Birthright Citizenship

by Michael D. Ramsey | Nov 18, 2024 | 14th Amendment, Citizenship

Josh Blackman recently published at Volokh Conspiracy an interview with Fifth Circuit Judge James Ho.  Among other topics, Judge Ho had this brief comment on birthright citizenship under the Fourteenth Amendment: [A]nyone who reads my prior writings on these topics...
Thoughts on Moore v. United States

Thoughts on Moore v. United States

by Michael D. Ramsey | Sep 21, 2023 | 16th Amendment, Court Cases

As part of this year’s Constitution Day event at USD Law School, I took a closer look at Moore v. United States, the pending U.S. Supreme Court tax case with significant originalist implications.  It turns out to be a harder case than I had thought at first. The...
Andrew Coan & David Schwartz: Interpreting Ratification

Andrew Coan & David Schwartz: Interpreting Ratification

by Michael D. Ramsey | Jul 28, 2023 | State Ratifying Conventions

Andrew Coan (University of Arizona, James E. Rogers College of Law) & David S. Schwartz (University of Wisconsin Law School) have posted Interpreting Ratification (1 J. Am. Con. Hist. 449 (2023)) (90 pages) on SSRN.  Here is the abstract: For two centuries,...
Charles Pinckney and Moore v. Harper

Charles Pinckney and Moore v. Harper

by Michael D. Ramsey | Nov 10, 2022 | Charles Pinckney, Court Cases, Elections

Hansi Lo Wang has this interesting article for NPR: A controversial election theory at the Supreme Court is tied to a disputed document.  From the introduction: In their bid to promote a once-fringe legal theory that could upend election laws across the country,...
Another Shot at the Insular Cases

Another Shot at the Insular Cases

by Michael D. Ramsey | Oct 14, 2022 | Citizenship, Court Cases

Concurring in United States v. Vaello Madero last Spring, Justice Gorsuch on originalist grounds called for overruling the Insular Cases, the series of early twentieth-century decisions that concluded the Constitution doesn’t fully apply in overseas U.S....
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