>I would argue the fact it was deemed legal in 17th century Britain and incorporated into the US early on doesn’t have any bearing on whether it’s a modern issu

>I would argue the fact it was deemed legal in 17th century Britain and incorporated into the US early on doesn’t have any bearing on whether it’s a modern issue in a way that it wasn’t, or that it’s not a constitutional issue. I never said it wasn't (or couldn't be) a constitutional issue. And I disagree that the origins of CAF have no bearing on its current incarnation. I bring up the history of CAF, not as some sort of endorsement of it, or to excuse its excesses or the harm it causes in our world today. Rather, I look to history because it's generally an excellent guide to understanding who we are today and how we came to be that way. The old saw, "the past is prologue" is an old saw because it's both intuitively obvious and recommends one (of several) pathway to understanding current circumstances. As Eugen Weber observed[0]: "...This is what history is about. Where we come from, what lies behind the way we live and act and think. How our institutions, our religions, our laws were made." Understanding the thought processes and mindsets that caused those who came before us to meet certain circumstances with CAF, as well as (as you correctly point out WRT the 14th Amendment) how changes in those thought processes and mindsets have (or should have) affected how we perceive and address the issues surrounding CAF today -- and most other things for that matter. [0] https://youtu.be/XCyO8meahME?t=430 https://youtu.be/XCyO8meahME?t=430 Edit: Clarified language.