[Bruce Campbells Chin]

I (sadly) predict worse than a punt. Our current birthright citizen policy is too baked-in for some of the squishier Court “conservatives” to try to overturn. I sure hope I’m wrong.

I think birthright citizenship, as presently interpreted, is a horribly dumb idea. But I also think it is the most plain textual interpretation of the 14th. In other words, they screwed up when they passed that Amendment. But we're stuck with what it actually says, not what we think they may have meant or wanted.

I don't honestly think it involves squishiness at all. I thing you can have honest differences of opinion about what it means. Gorsuch, who is the most textual-oriented judge on the Court, will likely think Trump's order is invalid. Those who consider themselves more originalist than textualist may comes down differently.

[TexasGator]

“Gorsuch, who is the most textual-oriented judge on the Court,”

He combines textualism with originalism looking for the interpretation at the time of the writing.

[DiogenesLamp]

I think birthright citizenship, as presently interpreted, is a horribly dumb idea. But I also think it is the most plain textual interpretation of the 14th. In other words, they screwed up when they passed that Amendment. But we're stuck with what it actually says, not what we think they may have meant or wanted.

Progressing America would like to have a word with you.

[DiogenesLamp]

But we're stuck with what it actually says, not what we think they may have meant or wanted.

There needs to be an additional step when interpreting constitutional law.

"Is the result absolutely stupid?" If "Yes", then that is not what it means.

[MinorityRepublican]

In other words, they screwed up when they passed that Amendment.

There is remedy for that and that is passing a new amendment.

We did that by passing the 1st Amendment to repeal the 18th Amendment.

[DesertRhino]

We didn’t give kids who were clearly born to illegal aliens automatic citizenship until the 1980s.