Summary
Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.
The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.
It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.
The order is expected to face significant legal challenges, with critics calling it unconstitutional.
Fourteenth Amendment Section 1 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 do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
I don’t get how you square those two together.
Look no further than the dissent to United States v. Wong Kim Ark (when the Supreme Court ruled that the passage you cited grants citizenship by birthright), written by Chief Justice Melville Fuller, the mastermind behind such legal opinions as:
- Racial segregation is completely legal (Plessy v. Ferguson)
- States can’t regulate workplace conditions or enact maximum working hours laws (Lochner v. New York)
- Income tax is unconstitutional (Pollock v. Farmers’ Loan & Trust)
Anyway, he wrote:
the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the fourteenth amendment overrides both treaty and statute
and
[Birthright citizenship means] the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.
So in other words, he was willing to rule that the constitution is optional as long as you are using it against undesirable races in order to get his way.
unless the fourteenth amendment overrides both treaty and statute
It absolutely does! That’s the point!
You can be born abroad to US citizens and still be a citizen.
You and I know this because we paid attention in high school. The Chief Justice does not.
It’s why they used the language of “invaders”. 14th amendment doesn’t provide protection for invaders. This is the first step in working around the constitution.
Don’t worry, the bootlickers in the Supreme Court will find the dumbest argument you ever heard to rationalize it.
Oaths and honor don’t matter to the corrupt and degenerate.
I’m sure Scalia will find some 15th century witch burner who’s writings justify it somehow.
SCOTUS: well you see here, I can’t seem to find my reading glasses between these stacks of cash… ah yes here they are, it’s legal because we say so.
Only the second one matters
Lol, neither of them matter, bud.
with critics calling it unconstitutional.
You don’t need to be a critic to call it unconstitutional. It is, as it contradicts an Amendment.
This exactly. It is COMPLETELY unconstitutional in the very definition of the word.
If only there was a document that prevented that
https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/
Oh wait, it’s gone!
Fuck, lots to unpack here.
Sooooo, that actually is his official portrait? I thought someone posted it as satire. At least he’s not hiding that he’s the villain.
“America we’re back” is his slogan? That and the pic looks after school special.
The loading screen icon is the White House – was it always? Because as a Canadian all it invokes in me is the memory of us burning it down.
Did the constitution page get remapped? Or is it gone, gone?
This is what comes up when I search “white house website constitution”
The link works for me, but is curiously still tagged as the Biden Whitehouse.https://www.archives.gov/ is like archive.org but for the US Government.
It would make sense that they archive government websites
Donald Trump is Nicolas Cage in a wig and orange makeup, confirmed.
Can’t wait for the Right to recognize that if they normalize nullifying constitutional amendments with executive orders, the next Democrat president can just use that to nullify the 2nd Amendment that they’re so terribly fond of.
Of course that assumes there will be another election some day.
that assumes that the Dems will actually do literally anything at all.
I don’t think that’s a problem. Even if they didn’t plan to begin their dictatorship now, Biden had immunity and didn’t do a goddamn thing with it. Democrats don’t do anything.
POTUS immunity wasn’t a blanket grant of absolute power. It was just the same BS immunity that cops get for what they do as cops.
states should arrest border patrol agents attempting this.
Democrats should threaten to charge anyone attempting this of human trafficking.
I think recent events have shown Democrats are incapable of helping anybody but themselves. And even then they’re shit.
Some of the state parties have considerably more teeth.
Except for the liberal bubbles in Houston and Dallas, I’m pretty sure most Texans are pretty gung-ho in favor of this and will be giving border patrol agents free lunches. No ICE, DHS, or Border Patrol agents will be getting arrest by the southern states
You’re forgetting Arizona and California. Arizona’s Blue Wave is particularly left leaning too…
supposing democrats wake up a little (fat chance) federal democrats should say that they will ensure any person that attempts to act outaside the guardrails of the constitution will be charged with crimes when they regain power.
just now realizing everything I have done in my life in trying to contribute less plastic and waste less is not even 0.00001% compared to the environmental damage these executive orders are going to do.
The “you are personally responsible for climate change” was always a scam. It is the big corporations that are responsible.
I’m upset that I’m too ingrained in my ways to become a greedy, racist, sexist, boorish asshole because those guys are gonna have an amazing four years.
Love how he swore an oath to uphold the constitution then a few hours later signs and executive order that goes against it
Just like he has one executive order for energy production and another to pause offshore wind farm leases
“It’s ridiculous, we’re the only country in the world that does this with birthright, as you know, and it’s just absolutely ridiculous. We think we have really good grounds. People have wanted to do this for decades.”
Canada has birthright citizenship.
Trump is ignorant and Trump is stupid.
Congratulations, America, you elected a convicted felon, adjudicated rapist, serial sexual assaulter and harasser, serial adulterer, serial fraudster, pathological liar, lifelong con man, and wannabe dictator but more importantly you elected a fucking idiot.
Twice
Twice
Lower Canada
Apparently we can unilaterally rename you because we border you.
That and Trump made at least three different attempts (that we know of) to remain in office last time. Fake electors, find those Georgia votes, and an actual attack on the Capitol. The GOP and her voters then spent four years squawking about election security and fraud. Their jackass right wing media spent time revamping white replacement theory… so they have to on some level understand democracy and voting.
So what do the big on the rule of law real Americans do? They vote for the only candidate that tried to disenfranchise a whole shit ton of American voters. It is absolutely wild that so many domesticated standard Americans failed this very very basic test.
We’re number 1! U.S.A!!
Constitutional lawyers are going to be making a fortune over the next 4 years. Fuck you America. Just fuck y’all.
Stay tuned for a new constitutional crisis every day!
I noticed a trend with Trump’s executive order spree yesterday - almost all of them are just fluff or red meat for the base that don’t have any effect on anything, like the one defining genders, and others are so blatantly unconstitutional that they will be challenged and most likely never implemented, like the one in question terminating birthright citizenship - it’s guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.
He’s counting on the goldfish brain base to give him credit for doing these wacky things and then not pay attention three weeks from now when an ACLU lawsuit essentially puts the order in limbo before it dies in front of a judge.
Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it’ll have about the same amount of impact as this first round of executive orders will.
Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it’ll have about the same amount of impact as this first round of executive orders will.
Look, not to call you out or anything, but the impact of these edicts (however nonsensical) is radically different now that he’s in office.
The problem isn’t the legitimacy or legality of any such order, it’s the veracity and scope to which they are carried out regardless of those facts. He just pardoned the Jan 6th insurrectionists. Now, people that are handed off-the-wall, yet much more clear, orders from the White House can now go on thinking that illegal activity pursued in the name of said order will be washed away. So, stuff like this will cause damage to be done well before any courts can intervene, constitutionality be damned.
As a bonus, this adds culpability to the actions of his subordinates. Step in line or lose your job. Fail me after committing a crime and you go straight to prison. This is an organized crime tactic to keep shady people in line.
That’s the key. With these ECs and the pardons, Trump’s lackies are free to do whatever they want, using these as an excuse. If anything does happen to them, Trump made it clear he’ll pardon them. and if Trump is scrutinized, he’s got the SC on his side who just gave the president unlimited power. And if push comes to shove, he’ll just pardon himself.
There is literally nothing holding him accountable anymore. Nothing and no one.
I understand that. What I’m hoping is that the rest of the members of government will remember that Trump cannot do it without them. All an executive order really is, at it’s core, is direction for how federal agencies should conduct their business. None of it circumvents congress or the courts. Yes, I know, those two branches of government aren’t on our side either, but at the very least I expect them to be slimy enough to know when they have leverage and use it to their advantage - stall out or kill legislation before it has a chance to become anything more than just an executive order full of hot air if for no reason other than to extract concessions from Trump. It all adds up.
The payload
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Which is absolutely ridiculous. In the first case if they aren’t subject to your jurisdiction then you cannot deport them. And in the second they would not need a visa. You can’t have it both ways. You can’t make them subject to our laws without them being subject to the United State’s Jurisdiction.
That’s not true. Even diplomats, who this clause was written for, can be expelled from the country.
Even that’s a limited form of jurisdiction. Managed by treaty, the same level as the Constitution.
Deport Baron
Deport Elon
It’s almost like the vow he made to protect the constitution just yesterday was completely empty and meaningless.
I don’t even understand what this will mean. Why does the donvict care so much about this?
Would this mean that while Elon was here illegally and if he had kids with someone with the same status, his kids would not be citizens?
Why does the donvict care so much about this?
Conservatives hate foreigners, and love watching them get kicked in the face. This is porn for his base.
Hurt brown ppl. Member when they ended public pool segregation? Instead of letting their kids swim with black kids the white ppl closed the pools instead.
