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 5 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 But by spending 4 years sidestepping the Constitution and telling his base that it's just an outdated piece of paper with a bunch of guidelines that can be safely ignored the minute they become inconvenient.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.

[–] Rivalarrival@lemmy.today 8 points 5 days ago (4 children)

The 14th amendment does not say it only applies to certain people or under certain circumstances.

It does have one circumstance:

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.

I'm trying to figure out how they will argue that immigrants are not "subject to the jurisdiction thereof".

[–] evatronic@lemm.ee 5 points 5 days ago (1 children)

If they aren't, then border patrol would have no grounds to detain them. ICE could not deport them...

[–] Rivalarrival@lemmy.today 3 points 5 days ago* (last edited 5 days ago)

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.

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