Citizenship
Another Shot at the Insular 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....
Originalism and Birthright Citizenship (again)
I have posted a revised version of Originalism and Birthright Citizenship (Georgetown L.J., forthcoming) on SSRN. This should be close to the final version. Thanks to readers of this blog and of Volokh Conspiracy for helpful comments. I want to respond briefly to...
More on Senator Harris and the Natural Born Citizen Clause
At Newsweek, John Eastman (Chapman): Some Questions for Kamala Harris About Eligibility. From the core of the argument: The language of Article II is that one must be a natural-born citizen [to be President]. The original Constitution did not define citizenship, but...