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dpibel

(3,963 posts)

7. Congress plus 2/3 of the states

Reply to question everything (Original post)

Mon Jan 20, 2025, 01:37 PM

Jan 2025

Assuming, of course, that the Supremes don't break with precedent and declare that "under the jurisdiction of the United States" really does mean that infants are somehow not subject to US jurisdiction by virtue of their parents' status. I would not count on this Court doing the right thing.

But if the Court does decide to go with precedent, then the only way to do away with birthright citizenship is by amending the Constitution.

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Jilly_in_VA

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Can he really end birthright citizenship? Isn't it up to Congress? [View all] question everything Jan 2025 OP

All of this will be litigated for a while newdeal2 Jan 2025 #1

His congress will pass whatever he wants. MLAA Jan 2025 #2

It's a Constitutional Amendment, so it should require another amendment to reverse. hedda_foil Jan 2025 #3

I don't think Jilly_in_VA Jan 2025 #23

I hope you're right about that. nt Frank D. Lincoln Jan 2025 #27

They wiped out the 14th A before. carpetbagger Jan 2025 #29

They can just interpret a phrase or two in a different way. Igel Jan 2025 #30

they could mis/reinterpret "subject to the jurisdiction thereof" Orangepeel Jan 2025 #35

Ratification requires 3/4 of the states AFTER an wnylib Jan 2025 #42

So that means Donnie's anchor babies all have to go, right? Blue_Tires Jan 2025 #4

So do naturalized citizens. The 14th Amendment also establishes that they are citizens. rsdsharp Jan 2025 #14

And Musk's? how many does he have, a dozen? question everything Jan 2025 #19

My parents were not citizens when moonscape Jan 2025 #36

Congress can only changebit with an Amendment. Happy Hoosier Jan 2025 #5

I would not think so.. because it is in the Constitution.. 14th amendment Peacetrain Jan 2025 #6

The RW SCOTUS will try and use this part: Celerity Jan 2025 #13

This is exactly what they will use Amishman Jan 2025 #25

Congress plus 2/3 of the states dpibel Jan 2025 #7

3/4 of the states. cloudbase Jan 2025 #11

Thanks dpibel Jan 2025 #21

actually the argument isn't that the infants aren't under the jurisdiction but that the parents aren't dsc Jan 2025 #16

I thought he needed to push through a constitutional amendment, which Vogon_Glory Jan 2025 #8

ACLU, and other will file suits immediately, and it will take years to litigate. But in meantime, trump can say he Silent Type Jan 2025 #9

No he can't. It's in the Constitution. Wiz Imp Jan 2025 #10

Well, look at some of the fuckheads in Congress now. Initech Jan 2025 #12

The only way to end birthright citizenship VMA131Marine Jan 2025 #15

Court can just say no retroactivity dpibel Jan 2025 #22

Trump wants to deport people already here VMA131Marine Jan 2025 #33

ha ha ha. Left up to Congress? Irish_Dem Jan 2025 #17

No, and he can't legally do most of what he's proposing. GoCubsGo Jan 2025 #18

As with the 2017 Muslim ban, he will defy the Constitution and then yield what ground the courts force him to. Eugene Jan 2025 #20

What about Jilly_in_VA Jan 2025 #24

Birthright citizenship is in the U.S. constitution GoreWon2000 Jan 2025 #26

Anything he wants EarthAbides Jan 2025 #28

SCOTUS can ignore the plain language of the Amendment. DemocratSinceBirth Jan 2025 #31

Not just the language of the 14A VMA131Marine Jan 2025 #34

I don't believe they will but precedent hasn't stopped them in the past. DemocratSinceBirth Jan 2025 #37

How do you undo the precedent without VMA131Marine Jan 2025 #39

His Executive Order would be proactive, not retroactive. DemocratSinceBirth Jan 2025 #40

You are making a big assumption there VMA131Marine Jan 2025 #41

This message was self-deleted by its author LiberalArkie Jan 2025 #32

At this point, I suspect that SCOTUS Bettie Jan 2025 #38

The whole idea is to get this into the federal courts. totodeinhere Jan 2025 #43