honestly, contrary to what I would have wanted (limited and controlled immigration) for the first time ever, I would have felt compelled to take Stu's side on this issue, even just a few years ago. The clause is clear. The drafting was suspect... but I would have said that part of the amendment is unambiguous therefore there is no need to go to the drafters intent or context.
But, now I do even see the point of arguing about how to properly read a statute, a law or the constitution.
Having seen what Roberts did... it almost makes me want to say having a law license and studying jurisprudence is a waste of time.
If you are a judge, you can read the law and decide whatever the hell you want it to mean... and then when the other side stacks the court it can mean the opposite. if you are a lawyer advising clients... you are now a K street analyst.
it is very distasteful. makes me glad I don't practice law for the vast portion of my living.
so my advice is stack the court with political operatives and lets skip the concept of blind justice... and proper jurisprudence and stare decisis and statutory construction. Then we would know the meaning of the 14th amendment.
But, now I do even see the point of arguing about how to properly read a statute, a law or the constitution.
Having seen what Roberts did... it almost makes me want to say having a law license and studying jurisprudence is a waste of time.
If you are a judge, you can read the law and decide whatever the hell you want it to mean... and then when the other side stacks the court it can mean the opposite. if you are a lawyer advising clients... you are now a K street analyst.
it is very distasteful. makes me glad I don't practice law for the vast portion of my living.
so my advice is stack the court with political operatives and lets skip the concept of blind justice... and proper jurisprudence and stare decisis and statutory construction. Then we would know the meaning of the 14th amendment.