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It is today routinely believed that under the Citi­zenship Clause of the Fourteenth Amendment, mere birth on U.S. soil is sufficient to obtain U.S. citizen­ship. However strong this commonly believed inter­pretation might appear, it is incompatible not only with the text of the Citizenship Clause (particularly as informed by the debate surrounding its adoption), but also with the political theory of the American Founding.

A careful history of the United States reveals a kind of “Christian nation,” but not the one many expect: not a political faith, enshrined from above, but a cultural one, spread from below.

Dean Chemerinsky is arguing against a form of originalism that hasn't been widespread since the 1980s.

Commentary The previous installment in this two-part series described the Supreme Court’s current interest in the law of ...

Tim Lanzendorfer has posted Originalism at Home: The Original Understanding of Ohio's Home Rule Amendment on SSRN. Here is the abstract: Ohio’s home rule amendment has great importance today. As Ohio’s progressive cities and conservative legislature repeatedly collide on questions...