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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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[–] _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...