Originalism
Slavery and Birthright Citizenship
Milla74/Dreamstime Trump v. Barbara, the birthright citizenship case, is currently before the Supreme Court, and there is a vast array of amicus briefs, as well as the briefs of the parties. But one key issue has not gotten…
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Noted originalist scholar Michael Ramsey has a potentially important new paper on birthright citizenship: "Birthright Citizenship Re-Examined," forthcoming in the Notre Dame Law Review. This article is something of…
More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties
NA The Supreme Court's controversial 5-4 ruling in Kelo v. City of New London (2005), held that private "economic development" is enough to satisfy the Fifth Amendment requirement that the government can only…
Chief Justice Roberts on the Declaration of Independence
In his year-end report on the state of the federal judiciary, Chief Justice John Roberts makes some notable statements about the Declaration of Independence and its relevance to constitutional interpretation. The relevant…
Justice Barrett criticizes Roe but fails to recognize Constitution’s protections for unborn
Wed Dec 24, 2025 - 2:13 pm EST (LifeSiteNews) — U.S. Supreme Court Justice Amy Coney Barrett presented a succinct, constitutional case against Roe v. Wade in a new interview, three years after her role in the fateful reversal…
What If Congress Limited Birthright Citizenship and Nobody Noticed?
One of President Trump's first actions in his second term was an Executive Order purporting to limit birthright citizenship to the children of citizens and permanent residents. The Supreme Court will consider the…
Listening to Justice Barrett
I reviewed Justice Amy Coney Barrett's Listening to the Law: Reflections on the Court and the Constitution for Civitas Outlook. My bottom line: the book is a worthwhile contribution to the shelf of books by sitting…
Justice Kennedy on Originalism and Bush v. Gore
In advance of the release of his memoir, Life, Law & Liberty, retired Justice Anthony Kennedy sat down with Adam Liptak of the New York Times for an interview. The book discloses (or perhaps confirms) that Justice Kennedy…
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