this post was submitted on 12 Nov 2024
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Summary

Donald Trump has pledged to end birthright citizenship through an executive order if re-elected, targeting the 14th Amendment’s provision that grants citizenship to all born in the U.S.

Critics argue this policy would defy the Constitution, specifically its post-Civil War intent to ensure citizenship for former slaves.

Legal experts widely agree that the Amendment’s language includes children born to undocumented parents, but Trump’s proposal could lead to an immediate legal battle.

The policy would require federal agencies to verify parents’ immigration status, complicating access to Social Security numbers and passports for U.S.-born children.

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[–] samus12345 9 points 1 day ago (2 children)

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.

[–] Nightwingdragon 13 points 1 day ago

Yes. Simple majority is all that's needed in the House on most if not all matters anyway. And the only thing that would be in the GOP's way would be the filibuster, which they can hand-wave away any time they want with a simple majority vote.

And keep in mind. They can just make up the rules as they go along now. They can literally play Calvinball with the Constitution. If Trump demands it, and the House and Senate vote for it, and the Supreme Court rubber stamps it, and the majority of state governments either go with it or at least don't oppose it.....who's gonna stop them?

If Trump feels like saying that the 14th no longer applies to brown people because fuck you that's why, and Congress votes in favor of a law that says the 14th no longer applies to brown people, and the Supreme Court says "Yep, fuck brown people.", then that's the law of the land regardless of what we think of it, because we individually do not have the power to stop it, and collectively just voted in favor of it.

And keep in mind......there's nothing stopping Trump from replacing "the 14th no longer applies to brown people" with "Women no longer have the right to vote" or "Freedom of the Press does not apply to those critical of the Trump administration". If no branch of government is willing to uphold and enforce the law, the law may as well not exist. The same goes for your rights and protections.

[–] gdog05 6 points 1 day ago (1 children)

Those Democrats have careers and families they care about. It doesn't take much pressure to own a few of them. Especially without checks and balances and add in some bootlicking appointees to the three letter agencies.

[–] samus12345 1 points 1 day ago (1 children)

They'd need more than a few, though, more like dozens. It'll just be all-out fascism without even a pretense of legitimacy at that point.

[–] gdog05 4 points 1 day ago (1 children)

I'm pretty certain all out fascism is what we're going to have. A handful of Democrats are not enough to hold democracy together. I don't think it will be long before there's not even a pretense of that being the case.

[–] samus12345 2 points 1 day ago

I'm unfortunately inclined to agree.