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Questions the Supreme Court Should Answer Before Judgment Every constitutional controversy eventually reaches a threshold. A point beyond which the discussion cannot responsibly proceed until certain foundational questions have been answered. The present controversy concerning birthright citizenship appears to have reached such a moment. For generations, Americans have debated the meaning of the Citizenship Clause …

THRESHOLD QUESTIONS: Questions the Supreme Court Should Answer Before Judgment Read More »

The Ten Sections America Forgot When Americans discuss citizenship, civil rights, and the Fourteenth Amendment, they often begin in the middle of the story. They begin with court decisions.  They begin with political debates.  They begin with modern controversies.  They begin with the words “All persons born…” Yet history began earlier. Before the Fourteenth Amendment …

THE 1866 ACT of Federalized Citizenship: The Ten Sections America Forgot Read More »

Why Foundations Matter Before Interpretation Most people understand that a lock does not exist for its own sake. A lock exists because something behind it is valuable. A lock protects.  A lock secures.  A lock preserves. For that reason, anyone seeking to understand a lock must first understand what the lock was designed to protect. …

THE DEED, THE KEY, AND THE LOCK: Why Foundations Matter Before Interpretation Read More »

When the Opposition Becomes the Witness History occasionally presents an unusual situation. Sometimes the strongest witness is not the supporter.  Sometimes the strongest witness is the opponent. That is precisely what makes President Andrew Johnson’s veto messages so important. Johnson opposed the Civil Rights Act of 1866. He opposed it forcefully.  He vetoed it.  He …

THE JOHNSON FILE: When the Opposition Becomes the Witness Read More »

Why the Civil Rights Act of 1866 Matters More Than Most Americans Realize When Americans discuss citizenship, they almost always begin with the Fourteenth Amendment. They quote it.  They debate it.  They argue over it.  They litigate it. Yet remarkably few Americans begin where the historical record itself begins. The Civil Rights Act of 1866, …

THE FORGOTTEN FOUNDATION: Why the Civil Rights Act of 1866 Matters More Than Most Americans Realize Read More »

Why the 250th Anniversary of America Demands Constitutional Reflection Nations celebrate anniversaries.  Great nations examine themselves. As America approaches the 250th Anniversary of the Declaration of Independence, citizens across the Republic will celebrate the birth of the Nation. There will be speeches, ceremonies, parades, commemorations, and reflections upon the extraordinary journey that began in 1776. …

THE UNFINISHED QUESTION: Why the 250th Anniversary of America Demands Constitutional Reflection Read More »

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 …

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

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 …

The Testing Room: The One Room Every Theory Must Enter Read More »

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 …

IF THE SUIT DOESN’T FIT… Claiment Must Quit Read More »

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. …

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