Interpretation and Meaning
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On Wednesday, April 1, 2026, the Supreme Court will hear oral argument in Trump v. Barbara. Much of the debate about the clause has focused on the original meaning of the first Clause of Section One of the Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof,
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I recommend the excellent discussion at Michael Plaxon’s Substack: Interpretive Methodology: Is Anything Ever Really Settled?. Here is a taste: Yet I believe we have reached a kind of tipping point in Canadian constitutional discourse. No matter what the majority in Taylor said, the idea that alternative constitutional methodologies are inherently implausible or beyond-the-pale or unworthy of attention by