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Culture War Roundup for the week of April 27, 2026

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If the Law is not clear then who gets to decide the rule? I don’t think it’s clear that Courts get to. Thinking about the 14th Amendment I don’t think it’s clear the SC gets to make the decision. Jurisdiction has meaning and I don’t see why the SC gets to choose the meaning. Reasonable people can have different meanings.

Ideally the legislature would clarify. I am not sure how this would work with an Amendment. Could a simple bill make the decision or do you need to amend the amendment for clarification? I definitely think the legislature gets first crack at it but I am not sure what process is necessary a bill or amendment to clarify an amendment. If it’s only a bill then you could to limited extent be modify the Constitution whenever the legislature changes.

If the legislature does nothing then who gets to decide the meaning of “Jurisdiction”. I don’t believe the courts should do anything that would be creating policy. The definition of jurisdiction isn’t in the amendment. They have nothing to base a decision.

Absent legislative action then I guess the executive branch gets to define the word and citizenship status is just an executive order. And if your born 2 min before a GOP POTUS leaves you are a non-citizen for life and if your born minutes later your a citizen for life. Legislative or Executive Action each are more Democratic when bills are passed that lack clarity on meaning.

But I do think in most situations you can write legislation that solves 90-95% of cases in footnotes to legislation. A lot of legislation is written very poorly.