Ted Hayes

THE GREAT, 14th Amendment MORATORIUM: Why America Should Pause Before Judgment

Why America Should Pause Before Judgment Every great nation eventually reaches moments that demand as much reflection as action. Moments when the questions before it are so significant, and the consequences so far-reaching, that wisdom requires more than speed. Wisdom requires examination. Wisdom requires patience. Wisdom requires the courage to pause long enough to ensure …

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The Testing Room: The One Room Every Theory Must Enter – “If The Suit Don’t Fit. They Have To Quit”

Imagine a room. Not a courtroom.  Not a political convention.  Not a television studio.  Not a social media platform. A simple room.  A room devoted to questions.  A room devoted to evidence.  A room devoted to constitutional inquiry. Now imagine that every theory concerning birthright citizenship is invited into that room. Every judicial opinion.  Every …

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IF THE SUIT DOESN’T FIT… Claimant Must Quit

A Constitutional Question for the Republic Americans have long understood a simple principle. Before responsibility is assigned, before judgment is rendered, and before consequences are imposed, the facts must fit the case. No court worthy of respect begins with a verdict and then searches for evidence. No jury worthy of confidence begins with a conclusion …

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THE WRONG PATIENT” When the Medicine Is Given to the Wrong Person

When the Medicine Is Given to the Wrong Person Most people understand a simple truth. A good medicine given to the wrong patient can produce the wrong result. The problem is not necessarily the medicine.  The problem is the diagnosis. If a doctor mistakes one patient for another, even the best treatment can become ineffective. …

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THE ACID TEST

The Question That Every Interpretation Must Answer Every serious constitutional question eventually arrives at a moment of testing. A point where theories must be examined. A point where assumptions must be challenged. A point where arguments must demonstrate that they are capable of surviving scrutiny. The present controversy surrounding birthright citizenship is no different. For …

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The Cost of Getting It Wrong: THE QUESTION BEFORE THE CONSEQUENCES

Why America Should Understand the Foundation Before Accepting the Outcome Throughout American history, the Nation has repeatedly learned that important decisions often produce consequences far beyond those originally anticipated. Sometimes those consequences are beneficial.  Sometimes they are harmful. But in either case, wise societies attempt to understand the foundation of a decision before embracing the …

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THE LOCK AND THE TREASURE CHEST

Why America May Be Looking at the Lock Instead of the Treasure For more than half a century, Americans have argued about a lock. Lawyers have argued about it.  Judges have argued about it.  Politicians have argued about it.  Presidents have argued about it. Today, millions of ordinary Americans argue about it as well. The …

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“The Smoking Gun: What President Andrew Johnson’s Veto Messages Reveal”

What President Andrew Johnson’s Veto Messages Reveal About the Civil Rights Act of 1866 For more than a century, Americans have debated the meaning of the Fourteenth Amendment’s Citizenship Clause. Entire legal theories have been built upon the phrase “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Yet …

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THE CASE FOR SUSPENSION-Toss Out, Withdrawal, Compliance, Moratorium

Why Trump v. Barbara Should Be Suspended Before Judgment The purpose of a Constitutional Moratorium is not to prevent judgment. The purpose is to ensure that judgment rests upon the strongest possible constitutional foundation. America now stands before one of the most consequential constitutional controversies of the modern era. Questions concerning citizenship, immigration, sovereignty, constitutional …

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WHAT IF AMERICA HAS BEEN ASKING THE WRONG CONSTITUTIONAL QUESTION?

A Message to We the People of the United States of America For generations, Americans have argued about the meaning of the words, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Entire political movements have been built around those words. Presidents have spoken about them. Courts have interpreted …

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