A. McDonald was won on 14th-Amendment grounds. Subsequent court cases will rely on the Second Amendment being incorporated against the States via the 14th -- unless Senator Moron (both parties, all states) opens up the Pandora's box and they start "improving" it. Camel's nose, anyone?
B. In re citizenship: Early on, courts and congresscritters held the "and" in the part that follows the bit about bein' born or naturalized here could not be construed to mean "or;" it worked just like a real AND does, and what it links up is "subject to the jurisdiction thereof." Please remember the context: in order to be "subject to the jurisdiction," one had to "show allegiance," which lawbreakers are not. If Ma and Pa are here illegally when you are whelped, does that invalidate your shot at citizenship? I dunno; it bugs me in that there's a whiff of "corruption of the blood"* to it but I could see a court ruling that way. This has always existed; automatic "birthright citizenship" is an act of beneficence, implied in dicta but never explicitly ruled on.
C. Will someone please sit Mike Keefe of USA Today down and 'splain to him what "nuanced" means? 'Cos there's "simplifed" and then there's "stupefied," and then there's the whole other level he broke through the basement floor to find. (I hope that link holds, but look fast; here's the slideshow it's from).
* Prohibited in a specific manner in the U. S. Constition; totally barred in any connection by the Indiana Constitution. Other terms and conditions may apply in different States of the Union. Dealer prep and destination charges not included.
4 months ago