The Supreme Court overrules Congress all the time. Where have you been?
Your premise regarding the 14th amendment is just wrong. I cannot help you further. You don’t sound like a lawyer or you would know that Section 5 of the 14th amendment does not give Congress the right to define who is eligible for President.
“You don’t sound like a lawyer or you would know that Section 5 of the 14th amendment does not give Congress the right to define who is eligible for President.”
You have to read how the US Supreme Court construes the Constitution.
The same power is granted to Congress in other places in the Constitution.
The same language as found in Section 5 is always interpreted to grant VAST power to Congress.
The Supreme Court will defer to Congress in terms of whether there is a problem, what is the appropriate solution, how to go about it, what is the scope of the problem.
So the Supreme Court will defer to Congress in defining what is the meaning of naturalization.
If Congress includes a “finding” in the statute that it is NECESSARY to implement the 14th Amendment or for naturalization
the Supreme Court will bow to Congress in Congress defining the scope of its own power.
If Congress says “we find that we need to comprehensively regulate all aspects of citizenship in order to carry out our power to set uniform rules of naturalization”
the Supreme Court will NEVER dispute this.
“The Supreme Court overrules Congress all the time. Where have you been”
No, they don’t.
Probably 70% of what the federal government does — by Congressional enactment — is unconstitutional.
Since FDR threatened the Supreme Court with the “court packing scheme,” the Supreme Court has bowed down and kissed Congress’ butt.
If the Supreme Court did not defer to Congress, 70% of what the federal government does would have been ruled unconstitutional.
There are very, very few — but very high profile — exceptions when the Supreme Court thinks that the power of Congress as exercised CLASHES with a clear fundamental right of individuals.
So if Congress tramples on fundamental constitutional rights of individuals, the Supreme Court will restrain Congress’ encroachment on actual constitutional rights.
And there is a huge liberal bias here.
The liberal bias is one reason why the Supreme Court will never find Ted Cruz ineligible. It doesn’t fit their liberal bias.
But 99.99999% of the time, the Supreme Court bows down to the floor and licks Congress’ boots.