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Fourteenth Amendment

Constitution

Originalism

Do Originalists Ignore the Reconstruction Amendments?

The accusation is often made. But it simply isn't true.

Ilya Somin |The Volokh Conspiracy | 10.18.2020 6:15 PM

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Coronavirus

Federal Court Rules Pennsylvania's Lockdown Order Unconstitutional

Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional" wrote U.S. District Judge William Stickman IV

Christian Britschgi | 9.14.2020 6:23 PM

Originalism

Originalism and Dual-Track Incorporation

Why an originalist might think the same right can mean different things against the state and federal governments after all

Will Baude |The Volokh Conspiracy | 4.24.2020 12:34 PM

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Qualified Immunity

Cops Accused of Stealing Over $225,000 Can't Be Sued, Thanks to Qualified Immunity

A court ruled that officers did not have enough information to know whether or not stealing violates the Constitution.

Billy Binion | 9.20.2019 4:15 PM

Juries

Unanimous Juries and Incorporation of the Bill of Rights

Unanimous juries (like the ban on excessive fines) might be an easy case; but at some point we will need a theory.

Will Baude |The Volokh Conspiracy | 3.26.2019 6:00 AM

Voting Rights

Why Are Previously-Convicted Felons Denied the Right to Vote?

Florida voters are set to consider deleting a provision in the Florida Constitution depriving convicted felons of the right to vote. It's about time.

David Post |The Volokh Conspiracy | 1.26.2018 9:41 AM

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