# How can Trump get around the 14th Amendment?

**URL:** <https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368>\
**Category:** Great Debates\
**Tags:** trump\
**Created:** [December 9, 2024, 1:15am UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368 "2024-12-09T01:15:56Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [January 20, 2025, 4:47pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/121 "2025-01-20T16:47:36Z")

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Are you clearly a white person?

Then you don’t have to worry about it.

But this must all be in our imagination because I was sternly told this couldn’t happen.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [January 20, 2025, 4:51pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/122 "2025-01-20T16:51:49Z")

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> [@Zoobi](#):
>
> Are you clearly a white person?

I am and I get that it helps me.

Still, I would be shocked if anyone with a valid US passport was prevented from entering the US at a border. Otherwise, of what use is a passport?

And these days the government has MUCH better (and near instant) access to who we all are. Border control can scan your passport and know in seconds exactly who you are and if you are a citizen.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [January 20, 2025, 4:53pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/123 "2025-01-20T16:53:07Z")

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> [@Whack-a-Mole](#):
>
> I have a passport. Is that sufficient proof I am a US citizen?

My passport was issued based primarily on my birth certificate. They didn’t ask if my parents were here legally. I suspect we might be needing “enhanced passports” in the future.

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [January 20, 2025, 4:54pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/124 "2025-01-20T16:54:19Z")

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> [@Whack-a-Mole](#):
>
> Still, I would be shocked if anyone with a valid US passport was prevented from entering the US at a border.

I would go out and buy a fainting couch then if I were you.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [January 20, 2025, 4:56pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/125 "2025-01-20T16:56:04Z")

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> [@Zoobi](#):
>
> I would go out and buy a fainting couch then if I were you.

Are you saying a passport is of no use? The government will just do whatever they want?

If so, why have a passport?

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [January 20, 2025, 5:03pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/126 "2025-01-20T17:03:19Z")

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Are you clearly a white person?

Then you don’t have anything to worry about.

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**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\
**Post date:** [January 20, 2025, 5:07pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/127 "2025-01-20T17:07:25Z")

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> [@Zoobi](#):
>
> Are you clearly a white person?

> [@Whack-a-Mole](#):
>
> I am and I get that it helps me.

Yes. Want me to say it again?

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [January 20, 2025, 5:08pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/128 "2025-01-20T17:08:24Z")

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> [@Whack-a-Mole](#):
>
> Are you saying a passport is of no use? The government will just do whatever they want?
> 
> If so, why have a passport?

The point as noted by @Procrustus is that your passport was issued on the basis of your having presented a birth certificate indicating that you were born within the geographical boundaries of the United States. Under Trump’s EO, that’s no longer sufficient proof that you are a U.S. citizen.

I rather doubt this will be implemented in such a way as to invalidate all U.S. passports, but who knows?

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [January 20, 2025, 5:11pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/129 "2025-01-20T17:11:56Z")

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So then your passport will still be useful in the same way it was before. The reason you would have passport now is the same reason you would have one before.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [January 20, 2025, 5:14pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/130 "2025-01-20T17:14:46Z")

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Sure, but when it comes time to renew your passport, they might have more stringent ID requirements.

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [January 20, 2025, 5:17pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/131 "2025-01-20T17:17:46Z")

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I’m sure the process will look very much the same. The difference will be that certain passports and passport applications will demand a higher level of scrutiny than others before they are recognized as valid.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 20, 2025, 5:19pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/132 "2025-01-20T17:19:11Z")

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Unless you are prepared to be more than shocked, then it will probably happen. They are prepared for “shocked”, unconcerned about “upset”, and “disturbed” will roll right off their backs.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [January 20, 2025, 5:20pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/133 "2025-01-20T17:20:57Z")

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> [@psychonaut](#):
>
> Sure, but when it comes time to renew your passport, they might have more stringent ID requirements.

But what would they be? I’m don’t have my parents’ birth certificates, and if birth certificates are no longer proof that they were citizens, what good would they be, anyway?

What is the more stringent ID requirement that would be workable?

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [January 20, 2025, 5:21pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/134 "2025-01-20T17:21:59Z")

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> [@Zoobi](#):
>
> I’m sure the process will look very much the same. The difference will be that certain passports and passport applications will demand a higher level of scrutiny than others before they are recognized as valid.

I wonder: as part of the application process, could the government add a requirement that you quickly sign — under penalty of perjury — a notarized affirmation about yourself and your parents?

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**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\
**Post date:** [January 20, 2025, 5:22pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/135 "2025-01-20T17:22:06Z")

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> [@psychonaut](#):
>
> Sure, but when it comes time to renew your passport, they might have more stringent ID requirements.

Shirley, Trump will have no reason to reject a state issued birth cert…  
Nevermind…

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [January 20, 2025, 5:22pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/136 "2025-01-20T17:22:50Z")

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> [@Northern\_Piper](#):
>
> What is the more stringent ID requirement that would be workable?

That seems to be a real problem with Trump’s suggestion. No one will be able to prove more than they were born in the country.

How do other countries do it?

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [January 20, 2025, 5:27pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/137 "2025-01-20T17:27:39Z")

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> [@Smapti](#):
>
> That’s not going to happen. Not within the next four years.

Why not? The SC is in Trump’s pocket. They will simply claim that children of immigrants are not “subject to the jurisdiction thereof” (of the USA) and so are not born citizens. The Supreme Court will agree 6-3, and that’s it.

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<div class="post-metadata">

**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [January 20, 2025, 5:27pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/138 "2025-01-20T17:27:53Z")

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> [@Procrustus](#):
>
> How do other countries do it?

I just needed a birth certificate to get my Canadian passport, but we have _jus soli_ as well.

European countries and Australia don’t have automatic _jus soli_ so Dopers from those countries may have insights.

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**Author:** ![Bosda\_Di\_Chi\_of\_Tricor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bosda_di_chi_of_tricor/32/16845_2.png) [@Bosda\_Di\_Chi\_of\_Tricor](https://boards.straightdope.com/u/Bosda_Di_Chi_of_Tricor)\
**Post date:** [January 20, 2025, 5:29pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/139 "2025-01-20T17:29:19Z")

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He will ignore the Constitution, & Congress & the Courts will do nothing to stop him.  
As usual.

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<div class="post-metadata">

**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [January 20, 2025, 5:30pm UTC](https://boards.straightdope.com/t/how-can-trump-get-around-the-14th-amendment/1011368/140 "2025-01-20T17:30:38Z")

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And if it happens, @Smapti will be shocked. _That’ll_ show them!

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