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If an EO can override the 14th Anendment. Then a Democrat should isssue an EO overriding the 2A (Original Post) OrlandoDem2 Jan 2025 OP
It's more complicated than that Amishman Jan 2025 #1
Scary times ahead LeftInTX Jan 2025 #3
It can't JustAnotherGen Jan 2025 #2
Didn't you get the memo? Republicans can override the Constitution with an EO but Democrats totodeinhere Jan 2025 #4

Amishman

(5,928 posts)
1. It's more complicated than that
Tue Jan 21, 2025, 10:18 AM
Jan 2025

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)
3. Scary times ahead
Tue Jan 21, 2025, 01:42 PM
Jan 2025

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"

totodeinhere

(13,688 posts)
4. Didn't you get the memo? Republicans can override the Constitution with an EO but Democrats
Tue Jan 21, 2025, 01:46 PM
Jan 2025

cannot. Dems have to play by the rules.

/Sarcasm

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