re: The 14th Amendment needs to be read by courts in context (re: birthright citizenship)

quote:

---

What do these words...written by the man who wrote the 14th...mean? How do you interpret them??

“that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States",

---

Did I mumble?

You are making an Originalist argument. I have written here DOZENS of times that I think birthright citizenship for illegal aliens is VERY bad policy. As a Textualist, I CANNOT allow my personal policy views to influence my Constitutional interpretation. Therein lies the path to judicial activism.

The words in the document mean what they say.

If you are a Textualist, you simply MUST accept that sometimes your policy preferences will be at odds with the clear language of the Constitution. If you have any intellectual honesty at all, you do not respond by stomping your feet and denying reality. You respond by supporting Constitutional change.