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Much of the debate over so-called “birthright citizenship” is over interpretations of the Fourteenth Amendment to the US constitution. Most of the people currently in power claim that the text means every baby born to every foreign national on American soil is an automatic US citizen. Others—like myself—believe that this interpretation is dubious and has always been a matter of debate.
In commentary on this topic, however, one often encounters assertions to the effect that rulings by the US Supreme Court provide the “definitive” or “final” interpretation. Or, put another way, there is an idea that once SCOTUS makes a ruling on something, then the ruling is “settled law.” Even worse, some people think that once the Supreme Court has ruled on something, there is no point discussing it or challenging the currently popular interpretation of the law.
In truth, there is no such thing as settled law and the US Supreme court’s interpretations are hardly definitive. In politics nothing is ever settled or permanent. No cause is ever won or lost permanently. Beyond the short term, everything is up for grabs.
This is true in the courts as everywhere else. At any given time, the court’s rulings reflect modern ideologies and political realities. As these change, so do the court’s rulings. Indeed, court’s often “discover” that the rulings of past courts were somehow completely wrong, and the court then moves in a nearly opposite direction. The back-and-forth on Roe v. Wade is just one example.
You know, I know and everyone else knows that SCOTUS rules and then rules again differently, depending upon the times and the politics of the situation. They will not do anything like what happened with Jackson and Indians lands in Georgia, when the decision “fell still born” and was consequently ignored by the government and the people. So, now, SCOTUS is very careful to guard its power in the tripartite government. They only rule what can be politically upheld. I think you can expect to see birthright citizenship ruled as non-existant due to the political atmosphere at this time.
I hadn't thought about the absurdity of the idea of "settled law". It's just as ridiculous as "science proves..."
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Yes, it is on the same level as settled science. I don’t know where these people get their ideas, but they are really demonically inspired to shut down any other debate. If they cannot have it their way, they will take your bat, ball and glove and walk off in a huff. This is especially dangerous because the laws they say are set in concrete because of precedent and cannot be changed may have been set that way incorrectly. The Roe v Wade case is a case in point. Interpretation can go many ways, can’t it, depending upon the political situation?
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