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The Dred Scott decision and its impact on the Citizenship Clause.
The of the Fourteenth Amendment was adopted to overturn and secure birthright citizenship for formerly enslaved people, and courts have since read it as embedding a broad jus soli rule while carving o...
The Fourteenth Amendment’s Citizenship Clause provides that “all persons born or naturalized in the , and subject to the jurisdiction thereof, are citizens” — a provision long interpreted by courts an...
The bedrock example of the courts striking down an act of is v. Madison , in which invalidated a portion of the Judiciary Act of 1789 and formally announced the doctrine of . Historical records show o...