General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf an EO can override the 14th Anendment. Then a Democrat should isssue an EO overriding the 2A
Lets see how that goes over.
Dumbasses!
Amishman
(5,928 posts)Trump's is exploiting an area of poor phrasing in the 14th and also an old SCOTUS ruling (Wong Kim Ark). That old 1898 case defined 'subject to the jurisdiction thereof' to include obeying us law. That in turn opens the door to arguing the inverse - that it doesn't apply if the parents are in the country in violation of us law.
It's not the strongest argument, but it is a scenario not explicitly covered before and thus a gray area for them to exploit.
The 2nd however has been redefined so thoroughly by the current Pub SCOTUS that there isn't much former gray area they haven't repainted in their favor.
LeftInTX
(34,179 posts)I read that "jurisdiction" was put in, so that those born on Indian Reservations were not eligible for citizenship.
However, like Roe vs Wade, there hasn't been any ground swelling to chip away at citizenship. And although it did not go in effect until yesterday, it leaves 80% of Americans saying, "I shouldn't be a citizen"
JustAnotherGen
(38,015 posts)Though.
totodeinhere
(13,688 posts)cannot. Dems have to play by the rules.
/Sarcasm