“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
President Trump has put the Fourteenth Amendment’s Citizenship Clause in the news. The question is whether the language in the Amendment—“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United...
Recently, I was having a discussion with a law professor who looks at matters from a historical perspective. While such law professors are not professional historians, many of them have adopted the historian’s perspective. During our discussion, one aspect of...
Most people know that there were 13 original states that declared independence from Great Britain. But the Constitution changed things and that caused significant actions in our early constitutional history to occur with less than 13 states. The Constitution stated...
The Supreme Court has accepted certiorari in a case that raises a nondelegation doctrine question (as well as several other issues). In Gundy v. United States, the nondelegation issue involves the federal Sex Offender Notification and Registration Act...
Recently, Laura Donahue, a professor at Georgetown Law and an expert on digital privacy, came to the Originalism Center at the University of San Diego to talk about her recent article, “The Original Fourth Amendment.” The article is a long one, nearly 150...