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U.S. Capitol building

Searching for the Perfect Republic

On the 14th amendment – and if it might stop Trump.
Group of freedmen and women posing for a picture.

How Could ‘Freedmen’ Be a Race-Neutral Term?

An opinion from Justice Clarence Thomas exposed the limits of originalism.
U.S. Supreme Court Chief Justice William Rehnquist testifies to a House Financial Services subcommittee about minting coins in commemoration of former Chief Justice John Marshall on March 10, 2004.

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

The Supreme Court Justice's defense of Plessy v. Ferguson in a 1993 memo continues to influence the court's interpretation of the 14th amendment.
Wong Kim Ark in a photograph from a federal immigration investigation case conducted under the Chinese Exclusion Acts.
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Everyone Born in the United States is a U.S. Citizen. Here’s Why.

From birthright freedom to birthright citizenship.
The American flag depicted upside down, in a beige color scheme.

Making the Constitution Safe for Democracy

The second section of the Fourteenth Amendment offers severe penalties for menacing the right to vote—if anyone can figure out how to enforce it.
Political cartoon of Andrew Johnson holding a leaking kettle labeled "The Reconstructed South" towards a woman representing liberty and Columbia, carrying a baby representing the newly approved 14th Amendment.

The Pro-Democratic Fourteenth Amendment

At the heart of recent US Supreme Court decisions, the Fourteenth Amendment was framed to require free speech and free elections in the South.
Picture of the U.S. Supreme Court

Reading the 14th Amendment

A review of three books about Abraham Lincoln, the 14th Amendment, and Reconstruction.
People holding protest signs

On the Fight for Black Voting Rights at the Turn of the 20th-Century

A rally at Faneuil Hall in support of the Fourteenth Amendment and congressional investigation of southern disfranchisement.
Drawing of two men on horse overlaid with writing regarding prejudice and civil rights

The 14th Amendment Was Meant to Be a Protection Against State Violence

The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.

The Real Origins of Birthright Citizenship

Its purpose 150 years ago was to incorporate former slaves into the nation.

Can Trump Really End Birthright Citizenship?

Not directly. But it's more complicated than you think.

The Struggle Over the Meaning of the 14th Amendment Continues

The fight over the 150-year old language in the Constitution is a battle for the very heart of the American republic.

Citizens: 150 Years of the 14th Amendment

In 1868, black activists had already been promoting birthright as the basis of their national belonging for nearly half a century.
Manuscript of the Fourteenth Amendment.

We Should Embrace the Ambiguity of the 14th Amendment

A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
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The 14th Amendment Solved One Citizenship Crisis, But It Created A New One

How birthright citizenship became a barrier for undocumented immigrants.
Southern Pacific Railroad engine met by a crowd of people in wagons.
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The Birth of Corporate Personhood

How a legal footnote in a Santa Clara County railroad case and the judges who built on it created modern models of corporate personhood.
Birthright citizenship form, with infant footprints stamped in black ink, on fire.

The Plot Against Birthright Citizenship

The incoming Trump administration wants to take away citizenship for the US-born children of undocumented immigrants. Here’s how.
Political cartoon showing Supreme Court Justice Sutherland handing a woman worker a decision on minimum wage.

The Most Conservative Branch

Stephen Breyer criticizes recent Supreme Court decisions and argues for a more pragmatic jurisprudence.
Chief Justice John Roberts.

The Supreme Court Has Murdered the Constitution

America’s founding document is now an all-but-meaningless scrap of paper. Happy Fourth!
Texas governor Greg Abbott at press conference
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Texas Is Trying to Upend Who Controls Immigration Policy

The federal government has long controlled immigration law—and for very good reason.

Why the Long Shadow of Bush v. Gore Looms Over the Supreme Court’s Colorado Case

In the fight over keeping Trump’s name on the ballot, the 2000 decision is a warning but not a precedent.
A cartoon Trump is shooed away by a hand in a judge's robe

The Case for Disqualification

Three years later, amid another national election, the American public is still slow to understand the enormity of January 6, 2021.

When Constitutional-Law Professors Fight

On the folly of relying on history to settle the debate over whether the Fourteenth Amendment should bar Trump from office.
Photo of Donald Trump at a podium and pointing.

The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal

Excluding him, wrongfully, by a close vote of the Supreme Court could well trigger the next Civil War.
Political cartoon of Trump praying at the foot of a Jefferson Davis statue.

What Happened When the U.S. Failed to Prosecute an Insurrectionist Ex-President

After the Civil War, Jefferson Davis, was to be tried for treason. Does the debacle hold lessons for the trials awaiting Donald Trump?
Gen. Robt. E. Lee, 1886.

After the Civil War, Robert E. Lee Couldn't Run for President, but Trump Can?

Despite Trump’s efforts to overturn the election, a Colorado state judge stretches the word “officer,” permitting him to remain on the state’s ballot.
Former U.S. President Donald Trump prepares to speak at the Conservative Political Action Conference CPAC held at the Hilton Anatole on Aug. 6, 2022 in Dallas.
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What Civil War History Says About Attempts to Use the Insurrection Clause to Keep Trump From Office

Debates about handling Confederates reveal that the 14th Amendment bars unrepentant insurrectionists from office.
A mobile of the American flag's stars and bars hanging over a cradle.

Why Republicans Keep Calling for the End of Birthright Citizenship

It’s about more than immigration.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
Linda Brown Smith, Ethel Louise Belton Brown, Harry Briggs, Jr., and Spottswood Bolling, Jr., 1964

Brown v. Board of Education: Annotated

The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.

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