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The Latest Breaking News from Kurt Lash

The Domicile Dead-End

Evan Bernick's third in a series of guest-blogging posts on birthright citizenship.

Lash's Last Stand

Evan Bernick's second in a series of guest-blogging posts: Part II of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.

88 Problems for Kurt Lash

Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.

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Guest Post from Professor Kurt Lash: (Former) President J.D. Vance

I am happy to pass along this fascinating guest post from Professor Kurt Lash: Vice Presidents are generally considered a… The post Guest Post from Professor Kurt Lash: (Former) President J.D. Vance appeared first on Reason.com.

"Seven Questions on Section 3: A Response to Professor Kurt Lash"

A reply to Prof. Kurt Lash's response to the brief by Profs. Akhil Amar & Vikram Amar.

The Use and Misuse of Section Three's "Legislative History": Part II

[Note: This is the sixth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first five essays can be found here, here, here, here, and here.] Earlier today we began discussing the use and misuse of constitutional legislative history…

The Use and Misuse of Section Three's "Legislative History:" Part I

[Note: This is the fifth in a series of essays responding to objections that have been made to enforcing Section Three of the Constitution. The first four essays can be found here, here, here, and here.] The appropriate role of "legislative history" in constitutional interpretation is a subject of ongoing…

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Section Three and the "First Insurrection" … That Wasn't

[Prof. Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. Anderson, and I'm delighted to have it published here. As…

Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is

Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.

Michael Stern Responds to Kurt Lash on The Legislative History of Section Three

As has been noted here already, earlier this month a Colorado District Court concluded that although Donald Trump engaged in the January 6 insurrection, he was not officer of the United States and so he was not covered by Section Three of the Fourteenth Amendment. The judge particularly cited a…

Section 3 of the Fourteenth Amendment

Why an insurrectionist can run for and serve as President, but not as an Elector of the President

Kurt Lash: "The Meaning and Ambiguity of Section Three of the Fourteenth Amendment"

"Section Three does not expressly (1) apply to future rebellions or insurrections, (2) apply to persons elected as President of the United States, (3) apply to persons seeking to qualify as a candidate for the Presidency, or (4) indicate whether the enforcement of Section Three requires the passage of enabling…

Lash on Roe and the Thirteenth Amendment

"This essay explores the history behind the adoption of the Thirteenth Amendment and conclude the pro-Roe reading of the Thirteenth Amendment is incorrect."

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