Citizenship

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....

Originalism and Birthright Citizenship (again)

by Michael D. Ramsey | Nov 23, 2020 | Citizenship

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

by Michael D. Ramsey | Aug 17, 2020 | 14th Amendment, Citizenship

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...

Is Kamala Harris a Natural Born Citizen?

by Michael D. Ramsey | Aug 11, 2020 | Citizenship, Current Events

At Volokh Conspiracy, Eugene Volokh: Yes, Kamala Harris Is Indeed a Natural-Born Citizen. From the introduction: I saw over the weekend that some people argue that Kamala Harris is ineligible to be Vice-President: apparently her parents weren’t citizens when...

Birthright Citizenship: Originalism and Nonoriginalism

by Michael Rappaport | Nov 13, 2018 | 14th Amendment, Citizenship

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...

Birthright Citizenship and the Constitution: Good Morning Liberty 11-02-18

by Michael Boldin | Nov 2, 2018 | 14th Amendment, Audio/Video, Citizenship, Path to Liberty

There’s at least one positive about people going crazy over a possible Trump executive order on birthright citizenship. Almost everyone – including people who usually hate the document – is focusing on the Constitution to make their case. On...

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The 10th Amendment

“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.”

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