“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.”
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...
TAC memberships help us produce more educational tools like this. Members can download this video and read the full transcript here. When discussing the power of the federal government under the Constitution, some people use the words “immigration” and...
This blog is featured in the latest Tenther newsletter, which everyone in the nullification movement gets daily or weekly. Be one of them – and Become a member here to support the TAC. Birthright citizenship. People are going crazy with the President suggesting he...
It has hit the news cycle once again: The perennial question of whether the children born in America of parents illegally in this country are natural born (“birthright”) citizens. The constitutional question revolves around whether such children are “subject to the...
Josh Blackman (South Texas College of Law Houston) has posted The Power to Exclude on SSRN. Here is the abstract: Under modern doctrine, the federal government has an inherent authority to exclude aliens from entering the United States. In contrast, states lack any...
I have posted a new short essay on SSRN: Congress’ Power to Define ‘Natural Born’: A Reply to Professor Lee (American University Law Review Forum. vol 68, 2018, forthcoming). As the name indicates, it is a reply to Professor Thomas H. Lee’s...