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

The Supreme Court’s decision today in Cisco Systems v. Doe may not generate the public attention given to other high profile cases, but it represents an important reaffirmation of constitutional government. At its core, the case is not primarily about China, persecution of Falun Gong practitioners, or even international human rights litigation. Rather, it concerns a more fundamental question. Who possesses authority to create legal causes of action in our constitutional repu