this post was submitted on 26 Jun 2023
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Politics
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Birthright citizenship is in the Constitution - the 14th Amendment. DeSantis couldn't just have Congress pass a law repealing it. Now, he could have Congress try to pass a new Amendment removing it. That's possible, but extremely unlikely.
First, he would need to get two thirds of each chamber of Congress on board. Right now, the chambers are basically divided 50-50. DeSantis might get one or two right leaning Democrats to jump on board (Manchin), but there's no way he'd get enough to pass this hurdle.
Let's say he did, though. The Democrats suffer a mass outbreak of temporary insanity and wind up passing this. Now, it would go to the states. DeSantis would need three fourths of the states, or 38, to ratify it. 27 states voted for Trump so lets assume they immediately jump on board. Georgia was close and is run by Republicans so we'll give that to DeSantis also. This still leaves 10 states. He'd quickly run out of swing states and would need to convince some blue states to approve his amendment.
Is it possible that this happens? Yes, but it's also possible that I find a winning lottery ticket on my front lawn tomorrow. I wouldn't count on either one happening though.