Trump girds for battle with Democrats, Supreme Court over birthright citizenship
Source: The Hill
12/16/24 6:00 AM ET
President-elect Trump, Democratic lawmakers and the Supreme Court are on a collision course over restricting birthright citizenship, which Trump has identified as a top priority for his incoming administration.
Republican lawmakers on Capitol Hill say the 14th Amendments language, which grants all people born in the United States citizenship, is being exploited in a way the amendments framers never anticipated.
They believe Trump has the authority to take action to tighten the interpretation of the 14th Amendment to exclude the children of foreign tourists, students and other classes from automatically receiving citizenship if born on U.S. territory.
And they say the conservative-leaning Supreme Court could rule that classes of foreigners on U.S. soil are not necessarily subject to the jurisdiction of the United States and therefore their children, if born in this country, are not entitled to citizenship. Ive always thought that it was a bad law to where anybody that was born here was an automatic citizen. Id be all for making that change, Sen. Tommy Tuberville (R-Ala.) said of Trumps proposal to curtain birthright citizenship.
Read more: https://thehill.com/homenews/senate/5040111-trump-proposal-birthright-citizenship/
LittleGirl
(8,499 posts)then take it to Congress. Let's see how many Maga votes he can get.
Bluetus
(290 posts)And I am not sure the SCOTUS wants to deal with this either.
It is a case where the Constitution could not be any more clear. If you are born on US soil, you are a citizen. We can argue if this is a good policy, but there can be no doubt what the 14th means. The same can be said of the 2nd, and we saw with Heller, this Court just invented a whole new doctrine out of thin air. So they could do exactly as this article describes.
But why would they? I know that Bannon, Miller and the other pure Nazis in Trump's circle want to do this. But Trump already got what he wanted from this issue. He got elected. I don't see Trump personally being very motivated to do this, unless he sees a need to rekindle the Nazi passions. Likewise, corporations don't want this because they love using this undocumented labor. They work cheap and they are easy to bully.
My bet is that Trump will be OK with Miller and Bannon stirring up the shit, but it would not surprise me at all to see the SCOTUS punt on this one. After all, the LatinX vote HELPED the Republicans this election. Why mess with something that is working?
LittleGirl
(8,499 posts)My spouse is naturalized so Im keeping my eyes on any developments.
relayerbob
(7,069 posts)since his wives were not US citizens at the time. What do the assholes call them? Oh, yeah, anchor babies. Deport them first.
Callie1979
(273 posts)relayerbob
(7,069 posts)3825-87867
(1,152 posts)If a person were born here, say, in the 40s from immigrant parent(s) who became Americans by birthright from immigrant parents, they would be deported, eh Donnie? Would the children, grandchildren etc. of those birthright Americans also be deported? (Freddy was born here from an immigrant father.)
Because Freddy boy Drumpf was born here of immigrants and then "birthright American Citizen" Freddy had Donnie, do we get to deport Donnie?
What I mean is if a person were born in the U.S. from immigrants, they are American Citizens that Donnie wants to deport. But what about the children of Birthright Citizens? Will Donnie deport them? And what of the probability those children of birthright Americans had children? DO THEY get deported, too?
Example1
[Kashyap Pramod Vinod Patel] was born on February 25, 1980, in Garden City, New York, to Indian Gujarati immigrant parents.
Bye Bye, Kash!]
Rational minds want to know.
How about Musk's spawn? He's naturalized. Is that worse? Probably not because he's rich.
Wonder how many Republican Politicians and wealthy are progeny of a previous 'birthright" immigrant? Deport them?
(As an aside, I guess the children of those immigrants who were born here from incarcerated parents during stump's first term are and "were" Americans as American Citizens but were taken from their immigrant parents and...given away to trafficers, sold to foreigners, or does stump care? )
There's no level in hell bad enough for stump and his ilk.
Vinca
(51,233 posts)Baitball Blogger
(48,422 posts)broadbrush apply this to everyone, which is the only way that the Supreme Court might recognize it. But, everyone knows his real intent. He plans to selectively apply it to the Latino Americans he wants to deport. So, the Supreme Court will have to dance a little dance to essentially allow Trump to executively break the will of the Constitution to discriminate against one group of people.
33taw
(2,922 posts)johnnyfins
(1,481 posts)Tuberville is the only one they hit up for a quote? The dumbest guy in the senate?
33taw
(2,922 posts)Bengus81
(7,494 posts)malthaussen
(17,786 posts)... and it does not lie within his power to change that. Simple.
Except, of course, that ultimately the USSC determines what is legal and what is Constitutional. And they decide not on the merits of the case, but by their own agenda. So the only question is whether upholding the 14th Amendment lies within their agenda or not. I expect not.
As for unintended consequences and complications, big deal. The Court and the RW fanatics never worry about those things. At worst, after all, it will only create more work for the courts and lawyers.
-- Mal
Miguelito Loveless
(4,701 posts)says what Leonard Leo's bought and paid for puppets says it says.
ScratchCat
(2,470 posts)This isn't going anywhere as birthright citizenship is in the Constitution and there is no legal question here for any court to hear. He can't do this via Executive Order and its DOA in Congress.
EarnestPutz
(2,683 posts)LymphocyteLover
(6,968 posts)LymphocyteLover
(6,968 posts)decent Americans, anyway
bucolic_frolic
(47,572 posts)Oh, I see. But they pay taxes, they can be charged with crimes, they need drivers' licenses and insurance, and their birth certificates list a US birthplace, but no, they're not citizens.
Marthe48
(19,321 posts)Just last night. To my credit, in my dream, I called for help and offered aid as ss gathered around him. I won't foget that dream
.
Callie1979
(273 posts)in2herbs
(3,227 posts)"Republican lawmakers on Capitol Hill say the 14th Amendments language, which grants all people born in the United States citizenship, is being exploited in a way the amendments framers never anticipated."
Does this mean that the people born in the 13 colonies (states), which is how many states there were when the Constitution was signed, are the only states the framers considered to be entitled to citizenship and birthright status?
Go ahead Rs, hang your hat on this interpretation of the Constitution, or STFU!
aggiesal
(9,522 posts)Martin68
(24,726 posts)The more lost causes Trump pursues, the better, because that distracts him from the rest of his vile agenda. Tuberville's calling it a "bad law" displays just how ignorant the man is. It isn't a law.
cstanleytech
(27,174 posts)Callie1979
(273 posts)When thats blocked, then he'll have one of his little fits & say "I tried!!! Deep state!!"
EarnestPutz
(2,683 posts)cstanleytech
(27,174 posts)He's welcome to try to get the Constitution changed but I doubt he'll get enough States to agree.
sheshe2
(88,143 posts)They make it sound like he is leading a crusade to war. Onward Christian Soldiers!
ET Awful
(24,775 posts)they can not be prosecuted under any law of the United States, as that requires that they be subject to the jurisdiction of any court in which they may be prosecuted.
Response to BumRushDaShow (Original post)
Bengus81 This message was self-deleted by its author.
Sneederbunk
(15,391 posts)Yo_Mama_Been_Loggin
(116,478 posts)bluestarone
(18,405 posts)Like maybe getting rid of the only two terms for the president? (he wants to be THREE term president) he's a destroyer of everything American.
Cirsium
(1,154 posts)300 million+ have US citizenship by virtue of being born in the US. That has nothing to do with where our parents were born.
This has nothing to do with the 14th amendment nor with birthright citizenship. It is a pretext for ramping up persecution of black and brown people.
Don't buy into the right wing framing on this. If this were really about overturning birthright citizenship practically all of us would become "illegal."
mountain grammy
(27,378 posts)Its a constitutional amendment asshole.
rpannier
(24,597 posts)My guess is, he's never thought about it until il douche brought it up
muriel_volestrangler
(102,693 posts)because if they thought that certain immigrants' children born in the USA didn't get birthright citizenship, then they would have immediately started working out how and when to naturalize them. But they didn't; they just did naturalization for those born outside.
Sadly, that might not stop this Supreme Court.
4th
(106 posts)... and while it was originally about protecting ex-slaves, there was a Supreme Court test case about a Chinese-American back in the era of the Chinese Exclusion Act.
Just an aside -- Wouldn't the Republicans like to repeal the rest of the 14th while they are at it?