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/pol/ - Politically Incorrect


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>SCOTUS Case: Trump v. Barbara
>Question Presented: Does Clause 1 of the 14th Amendment support Trumps EO 14160 to end birthright citizenship for children of illegals and temporary visa jeets?
>Answer: YES.
>Does this apply retroactively?: Yes, SCOTUS rulings on constitutional questions are retroactive to the date the amendment or clause was ratified in the US Constitution. In this case that would be July 9th, 1868.
>Why are SCOTUS rulings retroactive?: Because SCOTUS does not "make" new law the way legislatures do; they declare or discover what the law (including the Constitution) has always meant. A Supreme Court decision interpreting the Constitution is therefore understood as clarifying or correcting the true meaning that existed all along

>B-B-BUT MUH EX POST FACTO
Ex Post Facto only applies to Legislature as SCOTUS does not "make law" nor do they have the power to amend the US Constitution by themselves it does not apply to SCOTUS.



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