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Notes -
I think he's snarking that SCOTUS is, in fact, our highest legislative body.
Correct. And of course Senators were once appointed and not elected. Above someone notes argues how the ACLU argued contextually on the Constitution and the Right is now making “Living” arguments. Until recently the Court did act as a leftist Senate and did the things the left wanted while the right would argue the words.
As power shifts the side with power wants to define the meaning of words. When the court flipped one probably should have expected the right to be “living” theorists and the left to be “textualist”.
I don’t have interests in understanding the arguments in Obgerefell but it seems ridiculous to me that a document can mean one thing for 200 years and something else later. Debating the words just seems like a fun game some nerds play. This case comes down to the word “jurisdiction” and its meaning. I am probably 70-30 it means an expansive with birthright citizenship but when the amendments were passed many of the legislatures would have read the words narrowly. This isn’t physics where there was anl correct answer. It’s the usage of political power.
The meaning of the words to me seems like only something the right has cared about for most of my life. I would prefer to give up the charade and just do what you want to do.
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