Fourteenth Amendment

Fourth Annual Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference

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Recently, the Fourth Annual Originalism Works in Progress Conference was held at the University of San Diego Law School.  And now the video proceedings of the seven papers are available.  The papers given at the conference, which involved various …

Same-Sex Unions, Assumed Historical Facts, and Interracial Marriage

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At oral argument in Hollingsworth v. Perry, Justice Scalia challenged Theodore Olson as to when it became “unconstitutional to exclude homosexual couples from marriage?”[1] Olson replied first with what he called a “rhetorical question,” viz., “When did it …

Tea Party Constitutionalism

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The Tea Party

Elizabeth Price Foley’s study of the constitutional basis for the Tea Party’s opposition to the Obama administration is an eye opener, particularly for those who have been listening to the mainstream media and national press. One comes away from her …