Recasting Citizenship: Jackson’s Barbara Opinion Under Critical Scrutiny
TL;DR
An analysis arguing that Justice Jackson’s Barbara concurrence relies on fashionable, universalist language like the 'Second Founding' and 'anticaste' framing rather than solid original-public-meaning history, and that her portrayal of Reconstruction-era citizenship oversimplifies a messier historical record; it notes Thomas’s dissent and the broader debate among originalists, warning that such rhetoric risks turning interpretive frames into law.
Topics:worldpolitics#birthright-citizenship#fourteenth-amendment#justice-clarence-thomas#justice-ketanji-brown-jackson#politics#supreme-court
- Jackson vs. Thomas – Allen Mendenhall Law & Liberty
- Who belongs in America? The Constitution already answers afro.com
- Panel discusses different citizenship pathways around the world The Center Square
- Panel Transcript: Who Gets to Be a Citizen? Center for Immigration Studies
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