Richard Epstein examines the 14th Amendment's opening clause, distinguishing the robust rights of citizens from the conditional privileges of aliens. He argues that naturalization was historically a federal prerogative, noting that early statutes, influen

Richard Epstein examines the 14th Amendment's opening clause, distinguishing the robust rights of citizens from the conditional privileges of aliens. He argues that naturalization was historically a federal prerogative, noting that early statutes, influenced by Thomas Jefferson, included explicit racial exclusions for persons of African or Asian descent.
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