'Litigation is a certainty': Trump's call to end birthright citizenship would face a mountain of opposition

When they say it's about race, it's about class. When they say it is about class, it's about gender. And when they say it's out gender, it's about race.

Or at least that's how it feels sometimes.

Yeah but they bought their citizenship, they didn't have it given to them by some stupid thing like the Constitution. Plus, they're the "right kind" of immigrants. Wink wink.

Will there be enough Republicans in the House and Senate to pass laws like that without Democrat support? All they'll have is a simple majority in both.

SCROTUS "reinterpreting" all the laws is the fascists' best bet, I think.

The 14th amendment does not say it only applies to certain people or under certain circumstances.

It does have one circumstance:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

I'm trying to figure out how they will argue that immigrants are not "subject to the jurisdiction thereof".

Considering it's how his followers already use their Bible, we can assume they have the same level of "reverence" for the constitution.

To be fair the 14th amendment was really only intended to give freed slaves citizenship. Which is something I'm sure the Supreme Court will cite as part of "original intent" they justify so many rulings with.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Easy - declare that kids of illegal immigrants aren’t subject to the jurisdiction of the US, then the 14th amendment doesn’t apply!

Of course you’d probably still need legislation to do that, if not an amendment.

I think he wants us to shit ourselves in public about this stuff so he can mock us, but the grandiose gestures he’s throwing around right now are mostly just laughably stupid. I’m still preparing for the shitstorm but I don’t think the big noises he’s making now are telegraphing the real plays.

The only hope I hold onto is that we need a constitutional convention anyway. If this convinces states to actually trigger an Article 5 convention, then I'm all for it.

Fingers crossed that we have immortalized the constitution so hard that the military would coup him over this. Crazy that's a thing I'm wishing for. Revolution would be cooler but this is America.

Same chance as Trump choking on a piece of hamberder

The Constitution gets shredded regularly. It's a failed document.

"Official act." That's all it'll take, I'm calling it now.

Peak 'pulling the ladder up behind him.'

Shit's fucked

I'm not aware of any country where the child would not automatically be eligible for the parents citizenship, even if the child is born abroad.

Basically only people with money would be able to 'earn' citizenship I suspect. Anyone else is left out of school, social programs, etc purposely.

They would be stateless, yes

No dude, he's going to fire most federal workers. He will replace some of them with sycophants . Read Project 2025

the border crisis stuff

What "border crisis stuff"? There are no massive groups of people crossing the border illegally, all of the talk about that is GOP propaganda.

The majority of illegal immigrants in the US enter the country legally and then overstay their visas.

First off it really really fucking sucks to be stateless.

Secondly, if you grew up in America and got an American education, you're American enough for me. We've invested a big chunk of money into training you so it'd be swell if you'd put that education to use in the American economy.

Lastly, as one of the favorite shirts on res points out - why the fuck do you assume you're American anyways:

Original Homeland Security

What other countries have it?

Countries influenced by English common law, so nearly every country in North and South America, Australia, and Europe.

You can't possibly see the downside of people being born in your country but not having the same rights as citizens? What makes you think slavery wouldn't return if it were ended?

You should really read up on things like H1B visas then. They were for skilled workers and still got abused in a variety of ways including to suppress wages and get more or less indentured workers. I know places like GameStop loved them because the person would basically forfeit their visas if they quit so could abuse them more than a regular worker.

The more power an employer has over a worker and the less rights people who live in the country have, the worse it will be in general.

English common law: a citizen is born in a land and that land was owned by a king. As such, the citizen and the land are like one. Citizens based upon birth are owed protection by the local king, while the local king is owed the work of said citizens.

The tradition of birthright citizenship is far older than the 14th Amendment. People were arguing about this crap in the middle ages.

It looks like much of the Western Hemisphere has jus soli. A quick search says:

• Colombia
• Peru
• Venezuela
• Ecuador
• Paraguay
• Canada
• Mexico
• Argentina
• Brazil
• Chile
• Uruguay

What I can't say is whether, with the exception of Canada and the U.S., that has any impact on the immigration of those countries. I will cop to ignorance, but many of those countries don't seem like they would be a big step up in the world for most people.

I have a friend from Brazil. I don't think he'd recommend being from Brazil. He moved to Portugal.

I know basically nothing about any of those countries other than having vacationed in Mexico twice. I haven't seen anyone say they are fed up with the U.S. and moving to Paraguay.

Cool, you still can't override a constitutional amendment via executive order if you want to pretend that law matters.