The Role of Legislatures in Constitutional Interpretation

Legislatures historically have not engaged deeply with the interpretation of the Constitution, particularly regarding the 14th Amendment. While there may be isolated instances of legislative debate addressing constitutional issues, the general trend shows that state legislatures and local councils engage less in constitutional interpretation, delegating this role predominantly to the judiciary. The expectation that all branches of government, including the legislative and executive branches, uphold the Constitution exists, and it implies they should also engage in constitutional consideration. However, there has been a shift in perceptions, leading many legislators to rely on judicial interpretations rather than their own. This reliance diminishes the weight their debates hold in constitutional matters, especially when lawmakers express readiness to act without their own constitutional analysis pending court decisions.