Of course they are not. And there are few to no elite judges who share Trump's avowed policy preferences. But we will likely at least get competence, and to me that is most important.
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It seems pretty obvious to me that its framers would have been horrified at its use to grant citizenship to anchor babies but it serves them right for writing such vague garbage
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Any thoughts re: my theory? (I figure you're a law person or law adjacent. I think it's a viable argument, but I have no interest in disseminating it; so just curious for takes. For obvious reasons I do not want to talk it over with my colleagues and friends in the bar.)
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1/I think Cowan's floor remarks warning about jus soli actually support my point, as it's common for a bill's opponent to "misread" a bill on the floor to try to control its impact; & the bill's passage despite this warning indicates that, to the extent we're in original intent
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2/land, and ignoring that you typically can't infer the intent of a multi-member body, it was understood Cowan's warnings were not contained within the bill. In any case, a pure originalist arg. can just proceed from the text - which differs from natural law just soli in text.
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3/[I'll also note most of that article concerns another clause, the clause I'm using has not had much ink spilled at all!] * * * TY for reading! Good comment.
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"We doubt very much whether any action of a State not directed by way of discrimination against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision." -Justice Miller on the Equal Protection Clause, 1873
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If you have a interpretive framework where "due process" is not process, but any imagined substantive right you can think of, i doubt some other choice of words would constrain your gift for invention.
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