Law Trump may sign E.O. ending birthright citizenship

[MicroBrew]

An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the states request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the state legislatures, or three-fourths of conventions called in each state for ratification.
The Constitution | The White House

It's all dealt through the legislative branch. The judicial branch has no say, whatsoever.

The judicial branch inteprets laws, so isn't there a chance that as @Lubaolong brought up, the SC inteprets the wording to not apply to persons born to parents who are subject to the laws of another nation? I am not saying there is a good chance of this intepretation winning out, just that if the SC happens to accept this intepretation , then would that be an end-run around the process require to change or repeal an amendment?

 

[heloder]

The difference is that you're making up a crazy claim, while the OP is real.



WTF? What do you understand "executive order" to mean?

In case you haven't noticed, @The XL never, ever knows what he's talking about.

 

[The XL]

In case you haven't noticed, @The XL never, ever knows what he's talking about.

The 1st Amendment grants the right to peaceful assembly, which Democratic governors all over the country have repeatedly violated.

 

[Possum Jenkins]

The true value of the 14th Amendment is in preventing any qualification regarding citizenship. Born here? Citizen. This keeps the legal status of every single (born here) American on the same page. Introducing qualifications would radically politicize the very thing which our entire system of civic equality is based on. And considering how hideous our history of race and class discrimination is, I'd say the 14th does a great job of saving us from ourselves.

Fuck all that, bro.

I mean, it sounds nice, but the threat posed by rich Chinese and Arabs giving birth here, going back to China to raise these kids, then having this kids come back here 18 years later and- gasp!- not paying international student fees at top state universities is far too great.

Right, @MicroBrew ?

 

[Mark Hunts FIST]

Ok let me explain like a two year old. Republicans wouldn’t get full birthright citizenship revoked (couldn’t anyway) and dems wouldn’t get full amnesty...
Holy shit... what’s left? Compromise gasp!

We did compromise.. in the 80s.
How did that work out.

Fool me once shame on you.. fool me twice shame on me

 

[MicroBrew]

Fuck all that, bro.

I mean, it sounds nice, but the threat posed by rich Chinese and Arabs giving birth here, going back to China to raise these kids, then having this kids come back here 18 years later and- gasp!- not paying international student fees at top state universities is far too great.

Right, @MicroBrew ?

They are exploiting the system and considering the kids grew up in China, their allegiance is likely to be with China , for a good many of them. There have been countless cases of spying and industrial espionage by Chinese students or residents. China is a very Nationalistic society, so the odds a fair number of these birthright children's loyalty is to their motherland is very high.

When the 14th was written , no one envsioned hundreds of thousands of Chinese and other Nationalities flying into the US to give birth and claim citizenship. The 14th was meant to free the children of slaves, not allow people to abuse it like they do now. The spirit and intention of the law is being exploited and abused. People who emmigrate here the legal way have to wait for years and meet certain qualifications, but these birthright abusers just fly in and claim citizenship for their kids.

 

[Limbo Pete]

The judicial brach inteprets laws, so isn't there a chance that as @Lubaolong brought up, the SC inteprets the wording to not apply to persons born to parents who are subject to the laws of another nation?

That would be an invention, not interpretation. The SC can only go so far in trying to wrangle different results out of Constitutional language before it crosses into the realm of making shit up out of whole cloth. If "reinterpreting" a constitutional amendment results in that amendment being abolished, then the SC has functionally invented new power for itself where none actually exists.
It's like people think the SC has unlimited power to just make the law be whatever they want. Believe it or not, they too are constrained by a separation of powers.

 

[Ophydian]

How’d this thing make 6 pages? Yes, I know, I’m on my phone. This is a non-issue we want to discuss as an issue.

 

[Limbo Pete]

How’d this thing make 6 pages?

Because some people have no grasp of basic god damn civics.

 

[brother mouzone]

I suppose it would be nice for the scotus to clarify if 'subject to the jursidiction' means anyone within the united states borders like it seems to imply

I guess that's worth something

 

[Possum Jenkins]

90 million immigrants total in the US.

47 million of them are legal immigrants with US citizenship who have the right to vote or will one day be of voting age.

How many of the 47 million voted for Biden because they recognize Trump’s xenophobia?

How many of the 47 million are pieces of shit immigrants who because they are now US citizens, jump on the xenophobic band wagon?

Where do you get 90 million from?

The ENTIRE foreign-born population is 45 million. That includes legal and illegal.

The "legal" category itself includes people with citizenship (that can vote), legal residents (green card holders, cannot vote), and people on all sorts of visas (work, student, asylum, etc. cannot vote)

https://www.pewresearch.org/fact-tank/2020/08/20/key-findings-about-u-s-immigrants/

 

[heloder]

The 1st Amendment grants the right to peaceful assembly, which Democratic governors all over the country have repeatedly violated.

And like the right to free speech and the right to bear arms, the right to peaceful assembly is not unlimited in nature, and is subject to limitation. During a pandemic, the government is within their right to limit assembly for the sake of public safety. This is nothing new, and it's nothing exclusive to Democratic governors.

 

[Headkicktoleg]

Obviously an EO isn't going to overwrite an amendment, but I would like to see an amendment that says you have to have at least 1 parent be a citizen or a legal immigrant(not a visa) to be granted citizenship

 

[WklySportsMemes]

Isn't Thanksgiving the story of unwanted immigrants who were finally accepted and allowed to reside peacefully by the local inhabitants who were already stewards of the land???
Trump's timing is always iimpeccable.

 

[The XL]

And like the right to free speech and the right to bear arms, the right to peaceful assembly is not unlimited in nature, and is subject to limitation. During a pandemic, the government is within their right to limit assembly for the sake of public safety. This is nothing new, and it's nothing exclusive to Democratic governors.

Where does it say in the first Amendment that the government has a right to arbitrarily limit or outright ban the right to assembly, especially via executive order?

 

[Possum Jenkins]

They are exploiting the system and considering the kids grew up in China, their allegiance is likely to be with China , for a good many of them. There have been countless cases of spying and industrial espionage by Chinese students or residents. China is a very Nationalistic society, so the odds a fair number of these birthright children's loyalty is to their motherland is very high.

When the 14th was written , no one envsioned hundreds of thousands of Chinese and other Nationalities flying into the US to give birth and claim citizenship. The 14th was meant to free the children of slaves, not allow people to abuse it like they do now. The spirit and intention of the law is being exploited and abused. People who emmigrate here the legal way have to wait for years and meet certain qualifications, but these birthright abusers just fly in and claim citizenship for their kids.

The Chinese really playing the long game here, huh? So the government is sending pregnant women here to give birth, then grooming these future spies for 18 years so that they can apply to school here, graduate, get jobs at important institutions, then funnel info back out to China when they're like in their 30s and 40s?

Trumper-level paranoia. You're better than this.

PS: Whatever access a person has to industrial/intellectual property isn't based on citizenship. There's thousands of Chinese grad students already filling top positions at research institutions throughout the country. They don't need citizenship to work and have access to valuable info here, they just need visas. And the institutions are more than happy to grant them visas because these dudes are really freakin' smart.

New idea: ban all Chinese grad students and researchers from the US

 

[Jack V Savage]

Because some people have no grasp of basic god damn civics.

You're gonna blow, man. Step away from the idiocy.

 

[Yehudim]

I'm sure all the "constitutional conservatives" here are outraged, right? Best thing about Trump is how he has exposed so much of the right.

Shit like this just flabbergasts me
Basic, baaaaaaaaaaaasic civics

The circle jerking would have made sense if the first posts (which include some right wingers) were actually doing what you were saying

 

[Fawlty]

Basic fucking civics, people

My civics are faith-based, bud.

 

[THEfightsAREfixed]

you should have to complete an obstacle course and then brave a series of great moral and emotional challenges with surprises and then if you can also murder the other group of candidates in like a battle royale type setting then you can join the elite American peoples