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10 points from gryffindor
(lemmy.ca)
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this post was submitted on 30 Jun 2026
509 points (100.0% liked)
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Hold up there, while I agree that birthright citizenship is pretty clear cut, interpreting words is literally the essence of the law. The methodology is similar to all studies of the arts, be it theology, philosophy or the law. You argue and discuss your interpretation by looking at the system of the law, the history of when it was written and explanations to why it was written as well as what the writers intended for the law to mean. That naturally changes over the years
Sure thing.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. There is absolutely no room for interpreting these words. Children of illegal immigrants are subject to our jurisdiction, and are therefore citizens.
Like I said, in this case it is very clear. I was just opposing the statement that interpreting the law would be unlawful
The irony is that Alito, Gorsuch, and Thomas are (in)famous for being the most textualist of the judges, where they pride themselves on not interpreting the words, and instead follow the law as it is written.
Except for the clear cut case of birthright citizenship.
Ah I see, well to be fair us legal doctrine is not really much more than fancy word juggling in my opinion anyway