Why don’t we just try all cases in the “court of public opinion”?
We’ve gotten to that point almost, with social media controlling people, and itself controlled by the ordinary media and secular humanists in general.
But in the NBC case, that’s a straw man argument.
The Constitution writers’ didn’t legally define NBC, though (1) they might simply have done so, (2) they were fully aware of the “are foreign-born children of U.S. citizens NBC” situation, (3) they went into great specifics, leaving detailed directions and definitions, on other matters.
They therefore left the question of defining NBC when it came to the question of FBC of U.S. citizens to others.
In 1790 Congress passed the Naturalization Act of 1790, and it legally defined NBC. Was this ever considered Unconstitutional, outside the scope of Congress’s jurisdiction since they passed a law on NBC?