Trump plan to end birthright citizenship is more conceivable in second term
Trump plan to end birthright citizenship is more conceivable in second term
Given the conservative majority on the supreme court, it’s not a certainty that the right will remain in place
Summary
Donald Trump’s pledge to end birthright citizenship faces major legal barriers, but experts say it’s slightly more conceivable now due to the conservative Supreme Court majority.
The 14th Amendment guarantees citizenship to anyone born in the U.S., and scholars argue Trump’s proposed executive action would likely be struck down.
Conservatives claim the amendment’s “jurisdiction” clause could exclude children of undocumented immigrants, though most experts disagree.
Ending birthright citizenship would require a constitutional amendment, an unlikely feat, and scholars warn it could revive caste-like inequality in the U.S.
If the scotus allowed this, this would be an epic clusterfuck across the nation. If you’re the kid of undocumented immigrants and your citizenship is no longer valid, how about your kids? How about your kids kids?
This would be such a fucking shit show.
scholars warn it could revive caste-like inequality in the U.S.
Revive?
Lmao. Class mobility died in 2005. It's been a caste system for 20 years.
He will fail!
The constitution is very clear about birthright citizenship. But then, it's also pretty fucking clear about not allowing insurrectionists to be president, and that presidents aren't supposed to be above the law.
I bet y’all a quarter this ends up with Elon Musk getting the ability to run for president
Amendments can only be taken away through a 2/3s vote in congress. Being that the split is damn near 50/50 he will never get the votes to remove the Amendment. Executive orders cannot supercede amendments either.
It truly doesn't matter. As mentioned elsewhere, the Supreme Court will play whatever Calvinball rules are needed to make it happen, logic be damned. The fact that "corporations are people" and "presidential immunity is a complete defense for provable crimes" are said with legitimacy is proof that any faith you hold in the rule of law is null and void.
Mhmm, the Constitution and what Army? It's a piece of paper and I don't see people lining up to defend it.
SCROTUS: lol we don't give a shit about the constitution
It doesn't matter...at all...he executes the order, deports everyone, the case makes it to the supreme Court sometime around 27 or 28 after the damage has been done.
The ruling won't matter at that point. It's pretty standard GoP procedure these days.
Take the guns first, go through due process second.
it only takes the two scotus seats moscow mitch helped steal for the diaper for episode 1.
from obama ("it's an election year"... it was only march, ffs; scalia's seat remained empty for 14 months)
and from biden (barrett confirmed just eight fucking days before election; gross contradiction of the above)
had obama and biden filled those two seats, the scotus balance would be 5-4 the other way. roe would still be law of the land. donvict may have seen some actual consequence for his illegal activities without 'his' judges to give him a golden get-out-of-jail-free card, and he'd be sulking in a sand trap in flordia on jan 20, 2025.
Nowhere in the Constitution does it explicitly say, "anyone born on US territory automatically gets US citizenship." That is the straightforward interpretation of the text that has been precedent for well over a century. But it's not like the present court gives much credence to historical precedent. Hell, look at the 2nd Amendment. The idea that it grants a strong individual right to unrestricted firearm ownership is a very recent interpretation, historically speaking. Or look at the Emoluments clause, which Trump flagrantly violates. Conservative legal scholars already have an interpretation on the Constitution that would allow them to end birthright citizenship. All SCOTUS has to do is to endorse that interpretation.
Or a constitutional convention, which would require 2/3 of state governments calling one. With a little more voter suppression and blatant gerrymandering (now sanctified by a 6-3 Supreme Court majority), that goal is within reach, and could lead to many other “reforms”.
That isn't necessary. Birthright citizenship is based on the 14th Amendment, which states:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
The key clause here is "subject to the jurisdiction thereof." This clause has long been interpreted broadly, with few exceptions. Think foreign diplomats that have diplomatic immunity, or the hypothetical case of a foreign army invading US soil. But with very few exceptions, it has been interpreted that anyone on US territory is "subject to the jurisdiction" of the US. Thus, even the children of illegal immigrants gain citizenship at birth.
But note, nowhere does it actually explicitly say, "anyone born on US territory is a US citizen, full stop." All SCOTUS has to do is to rule that "subject to the jurisdiction thereof" means "in the US legally." So if you're a foreigner here on a valid visa, and you have a kid, that kid gets citizenship. But if you're not here legally, then your kid doesn't get citizenship. Conservative legal theorists have already written elaborate legal theories backing up such an interpretation. All SCOTUS has to do is to adopt those interpretations.
The Supreme Court has ruled that even the children of illegal immigrants get automatic citizenship since 1898, but that interpretation could be changed at any time. It's not like the present court has a great deal of respect for precedent. Roe v. Wade was the law of the land for 50 years, and striking it down stripped civil rights from half the population. Ending birthright citizenship would harm fewer people than rulings the court has already recently made.
It's wild to see mainstream journalists openly admitting that it doesn't matter what the Constitution says.
The article says that the language in the constitution is for birthright citizenship, but the conservatives will try to make some sort of stupid nuanced argument to create a loophole that kick kids of undocumented immigrants out of the country.
But if Trump were to try to use executive action to eliminate birthright citizenship, courts would probably strike it down because of language contained in the 14th amendment, according to scholars.
Still, given the conservative majority on the supreme court – and fact that one of the people considered a candidate for the court has argued that the provision does not apply to children of “invading aliens” – it’s not a certainty that birthright citizenship will remain in place, said Amanda Frost, a University of Virginia law professor and expert in immigration and citizenship law.
Caste-like inequality is what the trump regime wants.
There's already a caste system in the US multiple studies have told us the class mobility is dead. Has been for 20 years.
"There's a precedence for ignoring the 14th amendment."