Get a Better Source
The Government, both in the Supreme Court and today in the Ninth Circuit, cites a letter written in 1866 by Senator Lyman Trumbull to President Andrew Johnson that discussed domicile in connection with birth citizenship. The letter, as far as I can tell, was a private one. It does not reflect the original public meaning of anything. Worse still, the letter was about the Civil Rights Act of 1866, not the Fourteenth Amendment.In short, why is this letter a relevant source for a court case? A scholar writing a history article or book can cite or quote private sources. I do that all the time. But not to establish a legal proposition in a brief.
The Government, both in the Supreme Court and today in the Ninth Circuit, cites a letter written in 1866 by Senator Lyman Trumbull to President Andrew Johnson that discussed domicile in connection with birth citizenship. The letter, as far as I can tell, was a private one. It does not reflect the original public meaning of anything. Worse still, the letter was about the Civil Rights Act of 1866, not the Fourteenth Amendment.
In short, why is this letter a relevant source for a court case? A scholar writing a history article or book can cite or quote private sources. I do that all the time. But not to establish a legal proposition in a brief.
