The Latest Breaking News from Kurt Lash

Evan Bernick's third in a series of guest-blogging posts on birthright citizenship.

Evan Bernick's second in a series of guest-blogging posts: Part II of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.

[Note: This is the fifth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first four essays can be found here, here, here, and here.] The appropriate role of "legislative history" in constitutional interpretation is a subject of ongoing…

[Prof. Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. Anderson, and I'm delighted to have it published here. As…

Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.

As has been noted here already, earlier this month a Colorado District Court concluded that although Donald Trump engaged in the January 6 insurrection, he was not officer of the United States and so he was not covered by Section Three of the Fourteenth Amendment. The judge particularly cited a…

Why an insurrectionist can run for and serve as President, but not as an Elector of the President

"Section Three does not expressly (1) apply to future rebellions or insurrections, (2) apply to persons elected as President of the United States, (3) apply to persons seeking to qualify as a candidate for the Presidency, or (4) indicate whether the enforcement of Section Three requires the passage of enabling…

"This essay explores the history behind the adoption of the Thirteenth Amendment and conclude the pro-Roe reading of the Thirteenth Amendment is incorrect."