The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived ...
Current substantive due process and equal protection doctrines do not recognize a constitutional right to plural civil marriage. Under the history-and-tradition framework established in Washington v.
The 14th Amendment to the U.S. Constitution has been the center of controversy since it was adopted on July 9, 1868 -- 157 years ago today. Born of Reconstruction, it was hotly debated by Northern ...
The three post–Civil War constitutional amendments offered the United States a second, more democratic founding. Preserving this framework is essential. It became clear to me that the framers ...