98
Trump plan to end birthright citizenship is more conceivable in second term
(www.theguardian.com)
this post was submitted on 15 Dec 2024
98 points (99.0% liked)
politics
19240 readers
2467 users here now
Welcome to the discussion of US Politics!
Rules:
- Post only links to articles, Title must fairly describe link contents. If your title differs from the site’s, it should only be to add context or be more descriptive. Do not post entire articles in the body or in the comments.
Links must be to the original source, not an aggregator like Google Amp, MSN, or Yahoo.
Example:
- Articles must be relevant to politics. Links must be to quality and original content. Articles should be worth reading. Clickbait, stub articles, and rehosted or stolen content are not allowed. Check your source for Reliability and Bias here.
- Be civil, No violations of TOS. It’s OK to say the subject of an article is behaving like a (pejorative, pejorative). It’s NOT OK to say another USER is (pejorative). Strong language is fine, just not directed at other members. Engage in good-faith and with respect! This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
- No memes, trolling, or low-effort comments. Reposts, misinformation, off-topic, trolling, or offensive. Similarly, if you see posts along these lines, do not engage. Report them, block them, and live a happier life than they do. We see too many slapfights that boil down to "Mom! He's bugging me!" and "I'm not touching you!" Going forward, slapfights will result in removed comments and temp bans to cool off.
- Vote based on comment quality, not agreement. This community aims to foster discussion; please reward people for putting effort into articulating their viewpoint, even if you disagree with it.
- No hate speech, slurs, celebrating death, advocating violence, or abusive language. This will result in a ban. Usernames containing racist, or inappropriate slurs will be banned without warning
We ask that the users report any comment or post that violate the rules, to use critical thinking when reading, posting or commenting. Users that post off-topic spam, advocate violence, have multiple comments or posts removed, weaponize reports or violate the code of conduct will be banned.
All posts and comments will be reviewed on a case-by-case basis. This means that some content that violates the rules may be allowed, while other content that does not violate the rules may be removed. The moderators retain the right to remove any content and ban users.
That's all the rules!
Civic Links
• Congressional Awards Program
• Library of Congress Legislative Resources
• U.S. House of Representatives
Partnered Communities:
• News
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
An amendment to the Constitution is no trivial thing to pass. It typically requires a 2/3rds vote in both houses of Congress, then it passes to the states for ratification. 3/4 of the individual state legislatures then have to ratify the amendment in order for it to be added to the Constitution. Through the whole nearly 250 year history of the Constitution, only 27 have been passed, and 10 of those were in the original Bill of Rights that passed nearly concurrently with the original Constitution.
Every amendment thus by necessity is a major exercise in compromise. Which means different groups will support it for different reasons. So even if you are an originalist, a justice that attempts to rule based only on the original intention of the authors of an amendment, you will be able to find writings supporting numerous interpretations for it. And it's not like we're talking about a document millennia old, where most contemporaneous writings have been lost to time. We still have almost all the myriad writings associated with the various amendments as they were written, debated, and ratified. So a justice can find citations for any reasonably plausible interpretation. There's probably no way to contort the 14th amendment to mean "private property is now abolished and we now live under Communism." But you could interpret it anywhere from it being effectively toothless one one extreme to "even citizens of Germany under US occupation post WW2 automatically get US citizenship" on the other.
And there other judicial philosophies. Some are textualists, they disregard any intent behind the words and focus only on the literal meaning of the words themselves.
Others have a "living document" interpretation, willing to extrapolate and read between the lines.
And this assumes actual good faith on the part of the justices themselves. Often justices with a political axe to grind will start with their conclusion and work backwards from there.