this post was submitted on 10 Dec 2024
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Trump Says He’ll Issue an Executive Order Ending Birthright Citizenship — a Constitutionally Protected Right (truthout.org)
submitted 2 weeks ago by Garibaldee@lemm.ee to c/usa@midwest.social
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[–] plz1@lemmy.world 50 points 2 weeks ago (2 children)
  1. He doesn't care about Constitutionally-protected rights
  2. He'll do this anyways, because it tees up a Supreme Court case on a fast track, or Congress just lets it happen.
  3. He wins either way
[–] makyo@lemmy.world 8 points 2 weeks ago

3b. He loves having these fights because he can say 'BUT THE IMMIGRANTS' and MAGA, because they don't actually understand anything about the American constitution or law, will back him because they'll believe it's just a bunch of liberals protecting criminal aliens.

[–] _cryptagion@lemmy.dbzer0.com 5 points 2 weeks ago (1 children)

The Supreme Court already ruled against birthright citizenship. The 14 Amendment overturned their decision. And Congress doesn’t have a say in the matter, because a constitutional amendment has to be approved by a supermajority of the states.

I get that people are in a bleak mood, but there are limits to what Trump and republicans can do.

[–] ECB 2 points 2 weeks ago

That's true, but I think a lot of Americans tend to think of the constitution as being more powerful than it actually is.

Just like any other set of rules, it mostly comes down to how these are interpreted. The constitution itself had no autonomy... it depends on everyone agreeing on a certain interpretation of the words as well as agreeing to enforce this interpretation.

I'm not saying that it is logical or consistent, but the wording "...and subject to the jurisdiction thereof..." in the 14th amendment could have some VERY warped interpretations, if you really wanted to force it...