Scholars and pundits are suddenly interested in the section disqualifying insurrectionists from offices. But text and history don't offer clear answers.
Kurt T. Lash
Ilan Wurman leaves the stars of the Fourteenth Amendment standing in the wings.
The words that inspired the abolitionist movement and the words that constitutionalized abolition both came from the extraordinary mind at Monticello.
Does the text of the Free Exercise Clause justify special judicial scrutiny of laws burdening religious freedom?
A man’s right to speak does not depend upon where he was born or upon his color. The simple quality of manhood is the solid basis of the right.
The majority in Slaughterhouse correctly rejected the idea that the Privileges or Immunities Clause protects unenumerated absolute rights.
In American constitutional law, it is common to speak of “levels of scrutiny” or “tiers of judicial review.”
Kurt T. Lash holds the E. Claiborne Robins Distinguished Chair in Law at the Richmond School of Law. He is the author of The Fourteenth Amendment: The Privileges and Immunities of American Citizenship.