Simon Lester @simonlester.com · Jun 30 From Justice Kavanaugh: "significant illegal immigration into the United States is a new circumstance that was largely unknown as of 1868 and that the Framers of the Fourteenth Amendment could not have fully anticipated." OK, but could the framers of the 2nd amendment have anticipated modern guns?
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More here: "the relevant principles ... must be faithfully applied not only to circumstances as they existed in 1787, 1791, and 1868, for example, but also to modern situations that were unknown or unanticipated by the Constitution’s Framers." Like maybe the gun situation?
I would like a lawyer or historian to correct me if I’m wrong, but my understanding is that in 1868 there were no laws requiring any kind of permission or screening before entering the US, which means that there couldn’t have been any illegal aliens. But there was a steady stream of non-citizens…🧵
Also, not to be too much of a stickler about this, but illegal immigration wasn't a problem in 1868 because we had no laws making immigration illegal. It's not as if people of the time had no concept of immigration or its effects.
It goes without saying, but the conservative justices currently on the court have no consistent principles other than pushing their own agenda. The umpires are actually rooting for one of the teams.