Another Shot at the Insular Cases
And it would demonstrate that originalist judging is not (as some have charged) just a cover for a conservative agenda.
The post Another Shot at the Insular Cases first appeared on Tenth Amendment Center.Birthright Citizenship and the Constitution: Good Morning Liberty 11-02-18
Michael Boldin covers TAC's internal "debate" over the issue. That is, two experts who have different cases, but both from an originalist perspective.
Constitution 101: Immigration vs Naturalization
When discussing the power of the federal government under the Constitution, some people use the words "immigration" and "naturalization" interchangeably. They shouldn't.
Debate: Birthright Citizenship and the Constitution
From the TAC newsletter - two well-written articles on birthright citizenship from two people with expertise on the issue. They disagree.
About Birthright Citizenship
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
An Inherent Power to Exclude?
"I think the case for executive power to refuse entry to aliens is stronger than he indicates, though I'm less persuaded of it than I once was."
Congress’ Power to Define ‘Natural Born’: A Reply to Professor Lee
We principally disagree on how the Constitution, through the eligibility clause, adopted English law’s incorporation of jus sanguinis.
Feds Fine Denver Sheriff’s Office for Refusing to Consider Non-Citizens for Deputy Jobs
DENVER, Colo. (Nov. 24, 2016) – In yet another example of extreme federal overreach, the U.S. Department of Justice recently fined the Denver County Sheriff’s Office because it disqualified non-citizens from applying for open deputy positions. In early 2015, the sheriff’s office kicked of a major hiring push, adding more than 200 deputies. The department…
Does the 14th Amendment Grant Citizenship to Children of Foreigners?
Today, most people believe that children of illegal aliens who are born in the United States are automatically conferred citizenship by virtue of the 14th Amendment. American politicians regularly pontificate on this topic, basing their positions on constitutional and humanitarian grounds. The issue is considered settled by the federal courts, which have announced continually that…
The Constitution and Birthright Citizenship
The short version is this: The first sentence of the Fourteenth Amendment conveys U.S. citizenship on all persons "born ... in the United States and subject to the jurisdiction thereof." Obviously we are talking here about persons "born ... in the United States." Thus the children of illegal aliens are not U.S. citizens only if they are not "subject to the jurisdiction" of the United States.