this post was submitted on 12 Nov 2024
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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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[–] Nightwingdragon@lemmy.world 70 points 4 days ago (25 children)

See, logic would dictate that this would be immediately laughed out of court since a change of this magnitude would require a Constitutional Amendment. The 14th amendment does not say it only applies to certain people or under certain circumstances.

Then I remembered what timeline we're in. Trump will have this gleefully rammed through Congress, and the Supreme Court will uphold it based on the long-standing legal principle of "Yeah, but they're brown....."

And this is how Trump invalidates the Constitution. Not by decree. But by spending 4 years sidestepping the Constitution and telling his base that it's just an outdated piece of paper with a bunch of guidelines that can be safely ignored the minute they become inconvenient. Or at least, inconvenient for Republicans.

And he'll do it to thunderous applause.

[–] samus12345@lemmy.world 9 points 4 days ago (5 children)

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.

[–] gdog05@lemmy.world 6 points 4 days ago (1 children)

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.

[–] samus12345@lemmy.world 1 points 4 days ago (1 children)

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.

[–] gdog05@lemmy.world 4 points 4 days ago (1 children)

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.

[–] samus12345@lemmy.world 2 points 4 days ago

I'm unfortunately inclined to agree.

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