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Notes -
Courts are the entities that our system designated to resolve legal ambiguities. Largely for reasons of expediency. Court interpretations of statutes or the constitution can be overridden by the legislature or by amendment but, in the moment, we need someone to decide.
These questions come up in the context of pending cases. Take the example of Wickard below. Whether he was in violation of federal law and must pay a penalty turned on whether his growing wheat was "interstate commerce." If judges are not empowered to answer this question, what does this case look like? Is it put on hold until Congress passes a law? The constitution is amended? Can anyone get their federal prosecution deferred by finding an ambiguity (according to who?) that would require a statutory or constitutional amendment to clarify?
I don’t believe it is clear at all that the courts have the ability to make law on ambiguous texts. In fact courts have recognized this as vague laws are generally not considered constitutional such as the Logan Act.
Historically they have thrown out convictions based on vague laws. In the case of a vague amendment it would seem the power to me would go to the most Democratic branch of government for clarification which would be congress followed by the Executive if Congress does nothing. But yes in this case it would seem to be a sort of constitutional crisis on who has the power.
In the case of the 14th I think they need to punt the case and make it an executive decision otherwise they are overstepping their authority. If the administration violates something that is clear then the SC can claim authority.
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