I'm not saying it's contigent on the party in power, in this case I would hold that it is being redefined by the party that isn't in power, it's the only means that they can currently achieve their agenda.
And I also disagree with your assesment that the 14th has to interpreted with it's intent at the time; I think that is narrow and doesn't really coincide with the reality that society and norms change, also the fact that the constitution was drawn up (for better or worse) to evolve with the times. Original intent only can go so far, you think the FF who drafted this every dreamt of dealing with issues such as abortion or gay marriage?
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