The Latest Breaking News from Kurt Lash

Keith posted yesterday "On the Original Meaning of Birthright Citizenship," discussing his new article on the subject; here's the abstract… The post Prof. Kurt Lash Responds to Keith Whittington on Birthright Citizenship appeared first on Reason.com.

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

[Note: This is the sixth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first five essays can be found here, here, here, here, and here.] Earlier today we began discussing the use and misuse of constitutional legislative history…

[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…