Pleased to post my draft article, “Discovering the Historical Anglo-American Constitution.”
I study the history of birthright citizenship from the 1100s to the 1700s. The English common-law rule of natural-born subjects was always tied to territory and jurisdiction. papers.ssrn.com/sol3/papers....
Jackson/Sotomayor again object to the Bruen test itself, observing that what the Court does looks a lot like means-end scrutiny… I suspect we’ll see more debate about the validity and mechanics of Bruen in the yet-to-be-decided Wolford case, as agreement on the outcome muted some of that here