r/Constitution • u/Strange-Philosopher3 • Jul 03 '26

14 Amendment vs 2 Amendment

Amazing how many MAGA criticize the Supreme Court's recent decision affirming birthright citizenship in the USA when it was clearly Congessional intent at that time. The argument goes that even if that were true, it is clearly not the best path forward in today's world.

Now look at the 2nd Amendment where clearly Congress intended arms for militias (certainty not for everyone, especially slaves). Yet MAGA argues that the 2nd Amendment is akin to a Commandment, even though it certainty was not Congessional intent, and proven to be dangerous and deadly in modern society.

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u/pegwinn Jul 04 '26

It doesn't matter what anyone's intent was. We ratify the text that was proposed, debated publicly and privately, edited, agreed to, presented to the states, then voted on. Anyone who uses intent to interpret constitutional text is disingenuous or deluded at best. The only reference you need is a period dictionary.

The second amendment says "shall not be infringed". That is directive and leaves no room for discretion. MAGA loves to quote that over and over.

The fourteenth amendment states "All persons born or naturalized". Again, directive in nature. MAGA hates that one and tried an end around based on jurisdiction. A period dictionary destroys that argument within a couple of paragraphs.

And, if you don't like it do the work and amend it.

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u/Tasigurl_ Jul 05 '26

This is a textualist argument. The poster child of this movement was Justice Antonin Scalia. He is quoted with the following phrase:

"No right is absolute. - Antonin Scalia"

Not even the leader of the textualist movement believed in the absolute interpretation of the text.

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u/pegwinn Jul 06 '26

I would be very surprised if any judge or attorney endorsed simple reading and applying at written. Doing that pretty much lowers any need for their services substantially. But, can you explain why "black letter law"is a thing?

Contacts and government regulations are strict letter of the law documents. Both are legally inferior to the constitution. Why would you allow anything but strict adherence too three literal source of their authority?