The Federalist Blog

14th amendment | Birthright | citizenship

Trumps Birthright Declaration Conforms with the 14th Amendment
ByP.A. Madison August 5, 2025December 18, 2025

Because the purpose of the Fourteenth Amendment’s first section was to end the denial of those fundamental rights that belong to all United States citizens by their citizenship under Article IV, Section II of the U.S. Constitution, it was imperative to first define who was a United States citizen. Otherwise, a state could refuse to recognize newly emancipated slaves as citizens by withholding the right to sue, make contracts, due process, purchase property, etc., in any state they ventured into. Therefore, the…

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14th amendment | Bingham

John Bingham Fourteenth Amendment Quotes
ByP.A. Madison January 25, 2016August 7, 2025
2 Comments

I want to mark John A. Bingham’s belated January 21 birthday with some of his most significant quotes from 1866 thru 1875 I have come across over the years from such sources as Congressional Globe, House Reports, public speeches and letters. Some will be an eye opener since they are so contrary to what scholars and courts improperly attribute to him in terms of constitutional changes in late 20th century. “The words ‘citizens of the United States,’ and ‘citizens of the States,’…

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voting rights

Gonzalez v. Arizona Rests upon a False Premise
ByP.A. Madison May 14, 2012August 25, 2013
7 Comments

The recent Ninth Circuit en banc decision in Gonzalez v. Arizona illustrates current erroneous understanding of the Elections Clause under Section 4 of Article I. At issue in this case was Arizona’s Proposition 200 that required prospective voters in Arizona to provide proof of U.S. citizenship in order to register to vote in both State and Federal elections, along with the requirement of registered voters to show identification to cast a ballot. Additionally, Proposition 200 required the County Recorder to “reject any…

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8th amendment

Original Meaning: Cruel and Unusual Punishments
ByP.A. Madison March 19, 2012January 8, 2024
3 Comments

Summary: The prohibition against cruel and unusual punishments is a check against extralegal tribunals or discretionary acts of judges in imposing illegal and cruel punishments that are unknown to established law as practiced under the infamous court of Star Chamber. I thought it was about time to address the well-established ancient understanding of the Eighth Amendments provision for “cruel and unusual punishments” since it is obvious current jurisprudence has no fundamental clue to its constitutional purpose. Most judges today probably will be…

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Uncategorized

Constitutional Purpose of Recess Appointments
ByP.A. Madison January 8, 2012December 28, 2023
6 Comments

Since recess appointments have been getting a great deal of press attention lately, and because it appears Obama and Congress don’t have a firm understanding of the actual text and history of the clause; I thought would quickly explain the constitutional purpose of the recess clause beginning with its earliest roots. The recess clause to the Constitution was proposed by North Carolina delegate Richard Dobbs Spaight during the federal convention, who thought it might be a good idea for the federal Constitution…

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1st amendment | Bingham | Religion

Thomas is right, Establishment Clause Jurisprudence ‘in Shambles’
ByP.A. Madison November 4, 2011January 8, 2024
4 Comments

Justice Thomas pointed out what many should already know from his lone dissent from the court’s denial of certiorari in Utah Highway Patrol Association v. American Atheists Inc. on Monday: Federal Establishment clause jurisprudence is “in Shambles.” The court’s refusal to hear the case brings to an end a lawsuit that has been contested since 2005, leaving Establishment Clause jurisprudence muddy as ever: Today the Court rejects an opportunity to provide clarity to Establishment Clause jurisprudence in shambles. A sharply divided Court…

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1st amendment | constitution

There is No Constitutional Right to Occupy
ByP.A. Madison October 14, 2011January 8, 2024
12 Comments

“[A]ssembly to be peaceable, the usual remedies of the law are retained, if the right is illegally exercised.” —William Rawle I wish to briefly address the assertion the folks occupying Wall Street – and elsewhere – are merely exercising their First Amendment right to peaceful assembly. The constitutional provision to peaceably assemble extends no further than to peacefully assemble for a lawful purpose such as circulating a petition to present to government. It is not a requirement for government to provide a…

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1st amendment | commerce clause | Religion

Wrong Questions in Hosanna-Tabor Religious Freedom Case
ByP.A. Madison October 10, 2011November 4, 2011
4 Comments

Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”) is a religious school in Redford, Michigan who terminated employment of a teacher and commissioned minister named Cheryl Perich after a disability-related leave of absence for narcolepsy. Perich taught a full secular curriculum along with religion and lead students in prayer. Perich filed a complaint with the Equal Employment Opportunity Commission (“EEOC”), alleging discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”). Hosanna-Tabor argues the case involves a dispute over religious authority,…

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commerce clause | constitution

NAFTA Trucking Provision Unconstitutional
ByP.A. Madison August 23, 2011September 27, 2011
2 Comments

Remember that trucking provision under NAFTA (The North American Free Trade Agreement), which was ratified in November of 1993, allowing Mexican trucks to access border States highways by 1995 and to all US highways by 2000? The trucking provision of the agreement has never been fully implemented due to safety concerns of Mexican trucks, which currently are restricted to a 25-mile border zone. This has resulted in retaliatory tariffs by Mexico over this disputed highway access. In July, the United States and…

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14th amendment

14th Amendment Does Not Prevent Debt Default
ByP.A. Madison July 8, 2011September 27, 2011
21 Comments

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal…

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