All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce ...

The 14th Amendment’s due process clause says no state shall deprive any person of life, liberty, or property without due process of law. It’s a procedural guarantee — it governs how the government ...

In 2005, the Supreme Court’s 14th Amendment jurisprudence seemed at equipoise. The equal protection clause permitted the use of race to promote diversity in classrooms. The due process clause ...

A federal judge dismissed constitutional claims challenging a city’s denial of a rezoning application, holding that the ...

"That status quo would soon be turned upside down, as the next two decades brought a revolution to each facet of 14th Amendment law." Randy Barnett and I continue to discuss shifts in our ...

The Due Process Clause of the Fourteenth Amendment echoes that of the Fifth Amendment. The Fifth Amendment, however, applies only against the federal government. After the Civil War, Congress adopted ...