Fourteenth Amendment Originalism Resurgence

Legal scholars and multiple Supreme Court opinions are reviving text‑and‑history (originalist) readings of the Fourteenth Amendment, pressing that doctrines on citizenship, equal protection, and state power be rooted in the amendment’s original meaning rather than modern policy goals. David Upham’s new book synthesizes this claim and pushes back against influential modern interpretations that, he argues, lack grounding in the amendment’s text and history. — If adopted by courts and policymakers, this reframing will reshape litigation and legislation on citizenship, affirmative action, and the scope of state and federal powers tied to the Fourteenth Amendment.