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Philippics

Elliott
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Issues46Founded2 years agoLast Issue8 days ago
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Latest Issues

Does the Supreme Court need to know whether the Citizenship Clause’s application to tribal Indians was strictly geographical to resolve Trump v. Barbara?

When members of Indian tribes were born outside of tribal domains, what was their citizenship status under the 14th Amendment’s Citizenship Clause?1⁠ Justice Amy Coney Barrett broached the issue three times at last month’s oral argument in...

8 days ago

Postulates on Citizenship Clause litigation

Four postulates related to Citizenship Clause1⁠ litigation:

  1. As long as the Supreme Court’s 19th-century decision that the 14th Amendment does not confer citizenship on U.S.-born members of Indian tribes2⁠ remains the law, the phrase “...
11 days ago

Parental Domicile in Chin Yow v. United States, 208 U.S. 8 (1908) (No. 76)

From the April 1906 habeas petition of Chin Yow:

  • That the said Chin You (sic) does not come within the restrictions of said Acts, but, on the contrary, your petitioner alleges that the said Chinese person was and is a resident of the U...
a month ago

Does the so-called statutory off-ramp need emergency road work?

In their brief to the Supreme Court, respondents in Trump v. Barbara argued not only that Executive Order 14160’s1 interpretation of the Constitution’s Citizenship Clause2 “cannot be squared with the Clause’s text or historical context, nor...

2 months ago
1

Civil War oaths of allegiance and a curious case in New Orleans

On June 10, 1862, Benjamin F. Butler, the Major General commanding the Department of the Gulf, issued General Order No. 41, which demanded an oath to “bear true faith and allegiance to the United States of America” from all officeholders, a...

2 months ago

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