wow, how lucky we are that the ultimate deciders on litigation are not a bunch of partisans hacks, right?
this post was submitted on 12 Nov 2024
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See, logic would dictate that this would be immediately laughed out of court since a change of this magnitude would require a Constitutional Amendment. The 14th amendment does not say it only applies to certain people or under certain circumstances.
Then I remembered what timeline we're in. Trump will have this gleefully rammed through Congress, and the Supreme Court will uphold it based on the long-standing legal principle of "Yeah, but they're brown....."
And this is how Trump invalidates the Constitution. Not by decree. But by spending 4 years sidestepping the Constitution and telling his base that it's just an outdated piece of paper with a bunch of guidelines that can be safely ignored the minute they become inconvenient. Or at least, inconvenient for Republicans.
And he'll do it to thunderous applause.
It’s been a week but feels like people are finally getting it.
There’s no checks and balances left, of all we have to hope is a line written on some paper many years ago, we’re fucked.
There’s no checks and balances left,
There is one left, but we're not allowed to talk about it.
oof, bleak.
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".
I've only heard that applied to foreign diplomats. Because the parents have diplomatic immunity, they and their children aren't "subject to the jurisdiction thereof."
I think I figured it out... Diplomats are not actually the only persons who can be within American borders without being subject to American law. Another category is "Enemy Combatant".
Remember that Texas has declared immigrants to be invaders.
If they aren't, then border patrol would have no grounds to detain them. ICE could not deport them...
Try this on for size: Trump follows Texas's lead, and declares them to be invaders. Enemy combatants aren't subject to the laws of the nation they are invading.
Trump can argue that Border Patrol is performing a military role, rather than a law enforcement role.
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.
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.
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.
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Considering it's how his followers already use their Bible, we can assume they have the same level of "reverence" for the constitution.
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.
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My brother in Christ his family were immigrants here at one point, not to mention his wife and her parents..
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.
Other races, lower classes and LGBT.
Republican's only need their voters to be two things:
- Hates one of the above.
- Doesn't give a shit about the other two.
So they are incentivised to scatter shot and hurt as many people as possible to get the maximum number of votes... America is fucked.
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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.
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Surprise? He's threatened to throw out the constitution because "we don't need it." And he has SCOTUS and Congress to let him do what he wants. Plus he'll have an AG that will basically be his lawyer. Trump is going to do whatever he wants.
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.
'Murica zealots who claim to love the Constitution have elected someone who wants to shred it. This is the darkest timeline.
The Constitution gets shredded regularly. It's a failed document.
Dipshit whose family were immigrants wants to destroy immigration.
Peak 'pulling the ladder up behind him.'
New SC Justice Cannon has entered the chat.
We are so seriously fucked.
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Dude wants to help Musk become president.
“A mountain of opposition” to the public, maybe, but all the bitching from the ACLU, et al will mean nothing to a Republican majority in Congress.
"Official act." That's all it'll take, I'm calling it now.
And how likely is it that a conservative majority SC will stand up to Trump?
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He wants lawsuits so he can appeal to the Supreme Court and they'll rule in his favor.
Of all the Supreme Court precedents that are going on the chopping block, I certainly did not expect United States v. Wong Kim Ark on that list.
This is 100% because they are also going to try and ban abortion. They only want "the right people" being forced into making new US ~~wage slave consumers~~ citizens.
Genuine question: what happens to someone born in the US to non citizens? If they were born in the states, would they not have the citizenship of their parents country? At that point would they just have no citizenship anywhere?
I'm sure if it came down to it their parents home country might grant their child citizenship, but it probably won't be guaranteed..
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.
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So he wants to increase the work done in the central government, therefor increasing spending and therfore taxes?
Edit: /s
No dude, he's going to fire most federal workers. He will replace some of them with sycophants . Read Project 2025
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