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Section 3 of the Fourteenth Amendment includes a disqualification clause that can bar individuals who engaged in insurrection from holding office.
The Constitution requires an “” every ten years to apportion Representatives (Article I, Section 2), but its text does not lay out a detailed list of who precisely must be counted; instead it sets the...
Congress has no constitutional power to “directly” remove a President except through the impeachment process laid out in Article I and Article II; the Constitution ties removal of a President to impea...
Federal courts and legal scholarship have consistently treated apportionment as tied to counting “persons” rather than citizens, grounding that rule in the Constitution’s enumeration and the long hist...
Two parallel legal fights over ’s hinge on different constitutional texts and legal tests: federal challenges argue the law fits within the U.S. as interpreted by recent federal precedent, while the c...
A president who used the machinery of the Department of Justice to order prosecutions of political opponents would not stand beyond the Constitution: such conduct could violate the Fifth and Fourteent...
The Ku Klux Klan Act of April 20, 1871 strengthened federal tools for confronting organized domestic violence by adding explicit statutory authority to treat insurrection, conspiracies and state inact...
The Birthright Citizenship Act of 2025 was introduced in the Senate by Sen. Lindsey Graham (R–SC) as S.304 and in the House by Rep. Brian Babin (R–TX) as H.R.569; the official congressional pages list...
A change to that would bar naturalized citizens or dual citizens from holding federal office would almost certainly require a constitutional amendment proposed under —either by two‑thirds of both Hous...
A congressional amnesty statute that genuinely creates pathways to lawful permanent residence (LPR) must combine clear eligibility rules, interim legal status, a defined adjustment mechanism to green ...
Three federal district courts that issued nationwide injunctions against President Trump’s January 20, 2025 Executive Order on birthright citizenship—those in Washington, Maryland, and Massachusetts—o...
Derivation of citizenship is the statutory mechanism by which a child born abroad or as a minor can automatically acquire U.S. citizenship through the naturalization or status of a parent rather than ...
The Enforcement Act of 1870 authorized federal removal of officeholders disqualified by Section 3 of the Fourteenth Amendment chiefly by empowering federal prosecutors to pursue writs of quo warranto ...
Federal constitutional protections—the Fourth Amendment’s bar on unreasonable searches and seizures and the Fourteenth Amendment’s equal protection guarantee—form the core legal shield against raciall...