A Commentary on the Citizenship Clause Few constitutional questions are more fundamental than this: Who does the Constitution recognize as a member of the American political community? That question lies at the heart of the Supreme Court’s recent decision in Trump v. Barbara. Although much of the public discussion focused on immigration policy and border security, the Court confronted a far more lasting constitutional question. Beyond whether current immigration laws are wise

Commentary on the Executive Vesting Clause The Supreme Court’s decision in Trump v. Slaughter may prove to be one of the most consequential separation-of-powers decisions in a generation. While many will understandably view the case through the lens of current politics, the constitutional question before the Court was far more enduring: May Congress insulate principal executive officers from presidential removal, or does Article II require that those who exercise executive po

Commentary on the Presidential Commission on Religious Liberty Draft Report The Presidential Commission on Religious Liberty has released for public comment one of the most significant governmental studies of religious liberty in a generation. At a time when public debate often reduces religious freedom to a political slogan or a cultural grievance, the Commission’s draft report returns the discussion to something far more enduring, first principles. That alone deserves comme