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.
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.
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.
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.
Mhmm, the Constitution and what Army? It’s a piece of paper and I don’t see people lining up to defend it.