14th Amendment
20 Articles
特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship
To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken.
Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.
The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases
Updated to account for reply briefs and Feb. 5 judicial opinion issuing a nationwide preliminary injunction
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
Birthright Citizenship and Undocumented Immigrants
"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."
Clearinghouse: 14th Amendment Section 3 Litigation
A collection of court documents and commentary concerning litigation under section 3 of the 14th Amendment on whether former President Trump is disqualified from seeking office…
Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment
A critical analysis of the use of the 14th Amendment to bar candidates, including former President Trump, from running for office, without congressional implementing legislation.…
The Character to Lead: Republicans’ Fork in the Road Between Trump and the Constitution’s Eligibility Requirements for President
"As someone who has served as an informal advisor to Republican and Democratic Presidents, it pains me to make this observation."
With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans
"These laws on their face may make superficial efforts to distinguish between persons of Chinese ancestry and the CCP, but they also equate all Chinese denizens with foreign agents,…
Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.
Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
A comprehensive database of efforts to bar from public office individuals who engaged in the January 6th insurrection.