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BumRushDaShow

(144,187 posts)
Mon Dec 16, 2024, 10:20 AM Dec 16

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 Amendment’s language, which grants all people born in the United States citizenship, is being exploited in a way the amendment’s 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. “I’ve always thought that it was a bad law — to where anybody that was born here was an automatic citizen. I’d be all for making that change,” Sen. Tommy Tuberville (R-Ala.) said of Trump’s proposal to curtain birthright citizenship.

Read more: https://thehill.com/homenews/senate/5040111-trump-proposal-birthright-citizenship/

41 replies = new reply since forum marked as read
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Trump girds for battle with Democrats, Supreme Court over birthright citizenship (Original Post) BumRushDaShow Dec 16 OP
If he wants to end that LittleGirl Dec 16 #1
I am not sure Trump really cares about this Bluetus Dec 16 #13
I agree. LittleGirl Dec 16 #15
ALL of his children are here as birthright citizens relayerbob Dec 16 #2
But HE was a citizen so that point is moot. Callie1979 Dec 16 #24
Deport them anyway relayerbob Dec 16 #37
Lol Callie1979 Dec 16 #39
So what about the children of birthright Americans? 3825-87867 Dec 16 #3
Unless you happen to be a Native American, you have to leave. Trumps first. Vinca Dec 16 #4
Let's just face the truth. He is going to lose if he goes in with the concept that he is going to Baitball Blogger Dec 16 #5
Well, if that legal scholar Tuberville says we need to do it - we need to do it now. 33taw Dec 16 #6
I know, really? johnnyfins Dec 16 #21
Hopefully, Boebert gives us a quote. 33taw Dec 16 #28
Looks like that slide down those airline stairs and loss of brain cells is really kicking in Bengus81 Dec 16 #32
It's simple, really. The idea is clearly against the Consitution... malthaussen Dec 16 #7
The Constitution Miguelito Loveless Dec 16 #8
More nonsensical distractions by the media ScratchCat Dec 16 #9
Exactly right. A distraction by the media, exactly what Trump wants. EarnestPutz Dec 16 #18
pure insanity-- fuck this asshole to infinity LymphocyteLover Dec 16 #10
Americans should be HAPPY so many people want to come here for our opportunity LymphocyteLover Dec 16 #11
"not necessarily subject to the jurisdiction of the United States" bucolic_frolic Dec 16 #12
I dreamed traitor fell and died Marthe48 Dec 16 #14
If it does happen it better be on TV Callie1979 Dec 16 #25
The article quotes the following: in2herbs Dec 16 #16
I wonder if this applies to his kids? n/t aggiesal Dec 16 #17
That's good news, because it would take a constitutional amendment to achieve, and that isn't going to happen. Martin68 Dec 16 #19
I'm betting he'll use it and the border issues as distraction from other criminal acts he'll be committing. cstanleytech Dec 16 #23
He'll do an executive order & act like thats all it takes. Callie1979 Dec 16 #26
"Being exploited in a way that the framers never anticipated"??? Let's talk 2nd Amendment while we're at it. EarnestPutz Dec 16 #20
He can gird all he wants but it's an Amendment in the Constitution he'll be fighting against. cstanleytech Dec 16 #22
Leave it The Hill to come up with that headline... sheshe2 Dec 16 #27
If your argument is that they are not subject to the jurisdiction of the United States, then it follows logically that ET Awful Dec 16 #29
This message was self-deleted by its author Bengus81 Dec 16 #30
Girds? Those are mighty big loins. Sneederbunk Dec 16 #31
He's going to need a mighty strong girdle if does Yo_Mama_Been_Loggin Dec 16 #33
Could it be that he just wants to get to the constitution for another reason? bluestarone Dec 16 #34
That is almost all of us Cirsium Dec 16 #35
Tuberville thinks it's a "bad law" mountain grammy Dec 16 #36
I find his "I have always thought..." laughable rpannier Dec 17 #41
Quite clearly, the amendment's framers did expect it to be used in the way that it was, and is muriel_volestrangler Dec 16 #38
14th amendment to the constitution covers this ... 4th Dec 16 #40

Bluetus

(290 posts)
13. I am not sure Trump really cares about this
Mon Dec 16, 2024, 02:01 PM
Dec 16

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?

relayerbob

(7,069 posts)
2. ALL of his children are here as birthright citizens
Mon Dec 16, 2024, 11:13 AM
Dec 16

since his wives were not US citizens at the time. What do the assholes call them? Oh, yeah, anchor babies. Deport them first.

3825-87867

(1,152 posts)
3. So what about the children of birthright Americans?
Mon Dec 16, 2024, 12:19 PM
Dec 16

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.

Baitball Blogger

(48,422 posts)
5. Let's just face the truth. He is going to lose if he goes in with the concept that he is going to
Mon Dec 16, 2024, 12:57 PM
Dec 16

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.

johnnyfins

(1,481 posts)
21. I know, really?
Mon Dec 16, 2024, 04:15 PM
Dec 16

Tuberville is the only one they hit up for a quote? The dumbest guy in the senate?

Bengus81

(7,494 posts)
32. Looks like that slide down those airline stairs and loss of brain cells is really kicking in
Mon Dec 16, 2024, 05:29 PM
Dec 16

malthaussen

(17,786 posts)
7. It's simple, really. The idea is clearly against the Consitution...
Mon Dec 16, 2024, 01:17 PM
Dec 16

... 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

ScratchCat

(2,470 posts)
9. More nonsensical distractions by the media
Mon Dec 16, 2024, 01:33 PM
Dec 16

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.

LymphocyteLover

(6,968 posts)
11. Americans should be HAPPY so many people want to come here for our opportunity
Mon Dec 16, 2024, 01:35 PM
Dec 16

decent Americans, anyway

bucolic_frolic

(47,572 posts)
12. "not necessarily subject to the jurisdiction of the United States"
Mon Dec 16, 2024, 01:38 PM
Dec 16

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)
14. I dreamed traitor fell and died
Mon Dec 16, 2024, 02:16 PM
Dec 16

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



.

in2herbs

(3,227 posts)
16. The article quotes the following:
Mon Dec 16, 2024, 02:37 PM
Dec 16

"Republican lawmakers on Capitol Hill say the 14th Amendment’s language, which grants all people born in the United States citizenship, is being exploited in a way the amendment’s 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!

Martin68

(24,726 posts)
19. That's good news, because it would take a constitutional amendment to achieve, and that isn't going to happen.
Mon Dec 16, 2024, 03:03 PM
Dec 16

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)
23. I'm betting he'll use it and the border issues as distraction from other criminal acts he'll be committing.
Mon Dec 16, 2024, 04:37 PM
Dec 16

Callie1979

(273 posts)
26. He'll do an executive order & act like thats all it takes.
Mon Dec 16, 2024, 04:55 PM
Dec 16

When thats blocked, then he'll have one of his little fits & say "I tried!!! Deep state!!"

EarnestPutz

(2,683 posts)
20. "Being exploited in a way that the framers never anticipated"??? Let's talk 2nd Amendment while we're at it.
Mon Dec 16, 2024, 03:04 PM
Dec 16

cstanleytech

(27,174 posts)
22. He can gird all he wants but it's an Amendment in the Constitution he'll be fighting against.
Mon Dec 16, 2024, 04:35 PM
Dec 16

He's welcome to try to get the Constitution changed but I doubt he'll get enough States to agree.

sheshe2

(88,143 posts)
27. Leave it The Hill to come up with that headline...
Mon Dec 16, 2024, 05:12 PM
Dec 16
Trump girds for battle with Democrats, Supreme Court over birthright citizenship


They make it sound like he is leading a crusade to war. Onward Christian Soldiers!

ET Awful

(24,775 posts)
29. If your argument is that they are not subject to the jurisdiction of the United States, then it follows logically that
Mon Dec 16, 2024, 05:15 PM
Dec 16

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)

bluestarone

(18,405 posts)
34. Could it be that he just wants to get to the constitution for another reason?
Mon Dec 16, 2024, 05:41 PM
Dec 16

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)
35. That is almost all of us
Mon Dec 16, 2024, 05:48 PM
Dec 16

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."

rpannier

(24,597 posts)
41. I find his "I have always thought..." laughable
Tue Dec 17, 2024, 03:12 AM
Dec 17

My guess is, he's never thought about it until il douche brought it up

muriel_volestrangler

(102,693 posts)
38. Quite clearly, the amendment's framers did expect it to be used in the way that it was, and is
Mon Dec 16, 2024, 07:32 PM
Dec 16

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)
40. 14th amendment to the constitution covers this ...
Mon Dec 16, 2024, 07:55 PM
Dec 16

... 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?

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