There’s no objective fact of the matter beyond what the courts (and, increasingly, the executive branch) says. Even if the plain language of a passage contradicts their interpretation, they can and will just cite nebulous “original intent” to make whatever they want to be true true. There’s absolutely no point in saying “that’s not what the Constitution says.” They don’t care.
there’s an easy judicial way out here: just say the 1st amendment applies to US Citizens only
It doesn’t
There’s no objective fact of the matter beyond what the courts (and, increasingly, the executive branch) says. Even if the plain language of a passage contradicts their interpretation, they can and will just cite nebulous “original intent” to make whatever they want to be true true. There’s absolutely no point in saying “that’s not what the Constitution says.” They don’t care.
It does if nobody stops them