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...Birthright Citizenship: Originalism and Nonoriginalism
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
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...