Summary
Donald Trump has pledged to end birthright citizenship through an executive order if re-elected, targeting the 14th Amendment’s provision that grants citizenship to all born in the U.S.
Critics argue this policy would defy the Constitution, specifically its post-Civil War intent to ensure citizenship for former slaves.
Legal experts widely agree that the Amendment’s language includes children born to undocumented parents, but Trump’s proposal could lead to an immediate legal battle.
The policy would require federal agencies to verify parents’ immigration status, complicating access to Social Security numbers and passports for U.S.-born children.
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There is one left, but we’re not allowed to talk about it.
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Will there be enough Republicans in the House and Senate to pass laws like that without Democrat support? All they’ll have is a simple majority in both.
SCROTUS “reinterpreting” all the laws is the fascists’ best bet, I think.
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Those Democrats have careers and families they care about. It doesn’t take much pressure to own a few of them. Especially without checks and balances and add in some bootlicking appointees to the three letter agencies.
They’d need more than a few, though, more like dozens. It’ll just be all-out fascism without even a pretense of legitimacy at that point.
I’m pretty certain all out fascism is what we’re going to have. A handful of Democrats are not enough to hold democracy together. I don’t think it will be long before there’s not even a pretense of that being the case.
I’m unfortunately inclined to agree.
It does have one circumstance:
I’m trying to figure out how they will argue that immigrants are not “subject to the jurisdiction thereof”.
If they aren’t, then border patrol would have no grounds to detain them. ICE could not deport them…
Try this on for size: Trump follows Texas’s lead, and declares them to be invaders. Enemy combatants aren’t subject to the laws of the nation they are invading.
Trump can argue that Border Patrol is performing a military role, rather than a law enforcement role.
I’ve only heard that applied to foreign diplomats. Because the parents have diplomatic immunity, they and their children aren’t “subject to the jurisdiction thereof.”
I think I figured it out… Diplomats are not actually the only persons who can be within American borders without being subject to American law. Another category is “Enemy Combatant”.
Remember that Texas has declared immigrants to be invaders.
Considering it’s how his followers already use their Bible, we can assume they have the same level of “reverence” for the constitution.
To be fair the 14th amendment was really only intended to give freed slaves citizenship. Which is something I’m sure the Supreme Court will cite as part of “original intent” they justify so many rulings with.
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So were the 1800’s wave of European immigrants, that most white americans descended from, mostly naturalized or did they just use the 14th amendment too? I’m not be factious, I actually don’t know but always assumed it was the former.
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It was the state’s burden to prove otherwise.
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Easy - declare that kids of illegal immigrants aren’t subject to the jurisdiction of the US, then the 14th amendment doesn’t apply!
Of course you’d probably still need legislation to do that, if not an amendment.
I think he wants us to shit ourselves in public about this stuff so he can mock us, but the grandiose gestures he’s throwing around right now are mostly just laughably stupid. I’m still preparing for the shitstorm but I don’t think the big noises he’s making now are telegraphing the real plays.
The only hope I hold onto is that we need a constitutional convention anyway. If this convinces states to actually trigger an Article 5 convention, then I’m all for it.
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Have you seen our states?