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Fourteenth Amendment

Citizenship and the Constitution: A Legal History Lesson for Our Times

Paul Finkelman | Posted 09.17.2015 | Politics
Paul Finkelman

Whatever the nation decides to do about immigration, it cannot take away American citizenship from those people who were born here, even if their parents are undocumented. Such children are natural born citizens, or birthright citizens.

The Citizen and The Court

Christopher Brauchli | Posted 08.28.2015 | Politics
Christopher Brauchli

Mr. Trump's suggestion about repealing the Fourteenth Amendment gives us the opportunity to not only examine the case that gave rise to the Fourteenth Amendment but to compare that case with a more recent U.S. Supreme Court decision.

From a Recipient of Birthright Citizenship: Immigration Made America Great, Because Immigrants Are Us

Michael Shammas | Posted 08.28.2015 | Politics
Michael Shammas

Whether we are descended from majority who came here willfully and found a better life, or from the many who came here unwillingly and lived lives of destitution and terror, the fact remains: We are all transplants, all the descendants of immigrants who desired to have a flourishing life.

The Weekly Shooting Cycle

Eric Kasum | Posted 07.28.2015 | Politics
Eric Kasum

Refuse to speak the words gun violence. Call it domestic terrorism. That's what it really is. Like my father, we must have the courage to take a stand. Let's refuse to be bullied by the NRA and the gun industry and their wealthy donors and highly-paid lobbyists.

Actually, Justice Alito, Liberty Is Nothing to Be Afraid Of

Evan Bernick | Posted 07.21.2015 | Politics
Evan Bernick

While "liberty" is indeed an abstract concept, the Constitution is full of such concepts, and concerns about abuse do not excuse judges from conscientiously interpreting and applying those concepts.

Do We Have an Amoral Constitution? A Second Reply to Kurt Lash

Evan Bernick | Posted 07.20.2015 | Politics
Evan Bernick

Lash's Constitution is amoral -- it would allow myriad individual rights that are central to human flourishing to be voted up or down. He is free, of course, to argue for that view -- but it is one that the Founders rejected, the Framers of the Reconstruction Amendments rejected.

The Same-Sex Marriage Decision Had Everything to Do With the Constitution

Alex Glashausser | Posted 07.16.2015 | Politics
Alex Glashausser

Chief Justice John Roberts pouted. "Celebrate," he sniffed, sounding as festive as Ebenezer Scrooge. "But do not celebrate the Constitution. It had nothing to do with it." Actually, the Constitution had everything to do with it.

Yes, The Fourteenth Amendment Protects Unenumerated Rights: A Response to Kurt Lash

Evan Bernick | Posted 07.13.2015 | Politics
Evan Bernick

It is arguably the most important question concerning judicial review today. Should judges require the government to offer an honest, reasoned explanation every time it restricts individual liberty, or just some of the time?

The President Sings of Grace

Richard J. Rosendall | Posted 07.02.2015 | Gay Voices
Richard J. Rosendall

The marriage victory required decades of work by countless people. More work remains, from transgender and immigrant rights to police reform, employment protections, and rebuffing the false pose of victimhood by religious bullies.

Red, White, Black and Blue: Toward a More Truthful National Narrative

Cynthia Kane | Posted 07.06.2015 | Politics
Cynthia Kane

A fabulous sense of joy came out at Pride celebrations across the nation last week, following SCOTUS's ruling in Obergefell v. Hodges that individual states can't legally deny same-sex couples the right to marry.

Matt Sheehan

Born In The USA: Why Chinese 'Birth Tourism' Is Booming In California | Matt Sheehan | Posted 05.14.2015 | World

BEIJING -- When Ma Fahong approached the immigration desk at Los Angeles International Airport, the customs agent had only two questions for her. ...

Ghosts in the Courtroom

Richard J. Rosendall | Posted 05.26.2015 | Gay Voices
Richard J. Rosendall

The Mattachine brief, and the archival rescue that went into it, is in partial payment of an historic debt. But victory in the marriage cases will not complete that debt.

'Prison Legal News' vs. the State of Florida: A Battle Against Censorship

Christopher Zoukis | Posted 04.27.2015 | Crime
Christopher Zoukis

The State of Florida wishes to suppress a long-respected voice of dissent and social justice by targeting arguably "dangerous" content in the advertisements. By prohibiting the advertisement of lawful endeavors everyone should take pause and ask: what are they afraid of?

Our Debt to the Abolitionists

Michael Curtis | Posted 04.22.2015 | Politics
Michael Curtis

American slavery ended in the awful carnage of the Civil War. But to conclude Abolitionism was a failure that made no contribution to abolition of slavery (or to the cause of civil liberty) would be a grave mistake.

Can the US Seize Would-Be Jihadis' Passports?

Peter Van Buren | Posted 12.14.2014 | Politics
Peter Van Buren

The idea of limiting an American citizen's travel proactively, on the assumption that she or he will end up fighting with ISIS based on documents or web postings, scrapes at liberty, even if the tools are there and it is legal to use them.

Black Dolls, White Dolls and the Desegregation of America's Public Schools 60 Years Ago

Blain Roberts | Posted 07.19.2014 | College
Blain Roberts

Racialized conceptions of beauty played an unappreciated role in establishing that segregated schools violated the Fourteenth Amendment's equal protection clause.

SCOTUS Seeks to Avoid Overly Burdening Police, Roommates With Warrant Requirements

Andrew Woodman | Posted 04.28.2014 | Politics
Andrew Woodman

The problem is that the Court sees a warrant as a burden to the police rather than as a protection to the defendant. Civil liberties are about protecting the accused from an overbearing and significantly more powerful police force. So what does this mean?

Constitution Is Not a Suicide Pact

Charles J. Reid, Jr. | Posted 01.23.2014 | Politics
Charles J. Reid, Jr.

The Republican tea party caucus say they wish to negotiate. They propose to defund the Affordable Care Act as their price. But the democratic process has spoken. The Affordable Care Act is the law of the land.

Iowa Gun Law Places Us All in the Crosshairs

Warren J. Blumenfeld | Posted 01.23.2014 | Politics
Warren J. Blumenfeld

It makes about as much sense to grant the right of a person with significant visual limitations to own a gun as it does for us to drive a Mack Truck!

Fifteen Minutes of Fame and the First and Fourteenth Amendments

David Abbitt | Posted 10.22.2013 | Media
David Abbitt

At some point we have to ask ourselves: What are the costs for our increasing proclivity towards escapism in our social and news media?

Stopping and Frisking... Cops

Norm Stamper | Posted 08.13.2013 | Crime
Norm Stamper

You cannot, by law or department policy, stop and question people without a reasonable suspicion that they have committed, are committing, or are about to commit a crime, nor can you pat them down without a reasonable suspicion that they are armed and presently dangerous.

The Death Penalty Is Premeditated, Unconstitutional Murder

Michael Shammas | Posted 08.13.2013 | Crime
Michael Shammas

The Supreme Court got it right in 1972. The death penalty does violate the Constitution, because it is cruel and unusual punishment. And here's why.

The Home Run That Ended Everything

Tom Cramer | Posted 08.09.2013 | Fifty
Tom Cramer

The official name of the organization was Oak Lawn Baseball for Boys. For a long time, that was a perfectly acceptable name. I believe it was in 1975 when that name became quite controversial.

GOP Leader Kills Official State Religion Bill

The Huffington Post | John Celock | Posted 04.08.2013 | Politics

The Republican speaker of the North Carolina House of Representatives killed legislation on Thursday that aimed to establish an official state religio...

It's Not a Mystery When State Laws Prohibiting Same-Sex Couples From Marrying "Became Unconstitutional"

Elizabeth B. Wydra | Posted 05.26.2013 | Politics
Elizabeth B. Wydra

It may have taken us 100 years to get it right with respect to race-restrictions on the freedom to marry, but it doesn't mean those laws weren't unconstitutional in 1868. The same is true, nearly 150 years after the ratification of the Fourteenth Amendment, for laws that deny gay and lesbian couples the freedom to marry.