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Ms. Toad

(38,945 posts)
19. The constitution is only as clear as those designated to interpret say it is.
Thu Jul 2, 2026, 03:04 PM
Thursday

There are 9 people charged with deciding what the constitution says. Currently, 5 of the 9 who get to say what the constitution means agree that - with few exceptions - being born in the United States confers citizenship. Four of the 9 disagree with that interpretation.

Saying he disagrees with the majority doesn't mean he believes that Congress can override the constitution (your contention). It means that he disagrees with the current interpretation of the majority about what the constitution says on birthright citizenship. He does not believe that the constitution confers citizenship on people Trump's executive order tried to exclude. He believes that citizenship for that group is conferred by statute, not the constitution. If citizenship for that group of individuals is conferred by statute (but not by the constitution) - then Congress can change the statute. Because Trump tried to change it by executive order, the order is invalid.

As long as the majority holds, if Congress passes a new statute, the court would rule that the statute limiting citizenship is unconstitutional. Kavanaugh would almost certainly dissent, not because he believes that Congress can override the constitution - but because he simply doesn't believe the 14th amendment grants citizenship to the group Trump wants to exclude. If he is correct (and with a shift of one justice he would be), all that is needed to change it is a statutory change.

Recommendations

1 members have recommended this reply (displayed in chronological order):

Kavanaugh doesn't understand the constitution DemocracyForever Wednesday #1
Or he was trying to give trump Figarosmom Wednesday #2
Congressional law can never override the constitution DemocracyForever Wednesday #3
They can always pass a law to give the Supreme Court another shot to get it "right". Ilikepurple Wednesday #8
It would need to be a legal move DemocracyForever Thursday #13
I never said reconsider the case. An actual law could be rightly challenged and reach the Supreme Court. Ilikepurple Thursday #14
Again, Congressional law can't override the constitution. DemocracyForever Thursday #17
What would you be saying if the numbers for this case were reversed? Ilikepurple Thursday #20
The 14th amendment is clear DemocracyForever Friday #21
This is still just an opinion and one that doesn't carry the force of law if the Supreme Court decides otherwise. Ilikepurple Friday #25
It's called actual facts DemocracyForever 16 hrs ago #31
Congressional laws can never overturn the constitution DemocracyForever Thursday #18
"What's a constitution?" - Brett NameAlreadyTaken Wednesday #4
The U.S. constitution DemocracyForever Wednesday #7
That's not what he is saying. Ms. Toad Thursday #15
It's not accurate DemocracyForever Thursday #16
The constitution is only as clear as those designated to interpret say it is. Ms. Toad Thursday #19
"All persons" is clear DemocracyForever Friday #22
Four of the people who we have charged with deciding what the constitution means disagree with you. Ms. Toad Friday #23
I'm amazed by the tongue twisting DemocracyForever Friday #24
I'm not sure who you are arguing against in this thread. Ilikepurple Friday #27
Are you saying the children of foreign diplomats Ms. Toad Friday #28
So don't believe your eyes? DemocracyForever 16 hrs ago #29
I am United States attorney Ms. Toad 14 hrs ago #37
Congress can pass an amendment to override................... Lovie777 Wednesday #5
Congress can pass a constitutional amendment DemocracyForever 16 hrs ago #30
Aren't these meat stuffed robes supposed to be legal geniuses?? NoMoreRepugs Wednesday #6
Onlookers astonished by JD Vance's latest attempt to dunk on Pope Leo: 'Excommunicate him' CNYHarris Wednesday #9
From a quote from an unpublished piece on the internet CNYHarris Wednesday #10
We must protect the native born on planets in the galaxy. CNYHarris Wednesday #11
TLDR Mossfern Friday #26
From AI CNYHarris 16 hrs ago #32
What the article does prove CNYHarris 15 hrs ago #33
This message was self-deleted by its author CNYHarris 15 hrs ago #35
AI final take on the article/work CNYHarris 15 hrs ago #36
More the truth is stronger than fiction CNYHarris 15 hrs ago #34
vance and crew are not free market capitalists. Figarosmom Wednesday #12
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