“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.”
“With respect to alien enemies, no doubt has been intimated as to the federal authority over them.” That was James Madison, referring to the Alien Enemies Act of 1798 – an act he saw as constitutional while rejecting the rest of the Alien and...
Josh Blackman recently published at Volokh Conspiracy an interview with Fifth Circuit Judge James Ho. Among other topics, Judge Ho had this brief comment on birthright citizenship under the Fourteenth Amendment: [A]nyone who reads my prior writings on these topics...