“Can” has never had the same definition as “will”. In the new administration hypocrisy is a feature, not a bug.
Trump is not an all-powerful god-king who can rule by fiat. He doesn’t control the entire judiciary. When his plans run into legal hurdles, he’ll do the same thing he always does - chicken out and proclaim victory anyway.
Real power is almost never “All Or Nothing”. There have been an uncountable number of tyrants though the centuries that didn’t have the powers of an all-powerful god-king, yet people still felt financial loss, physical loss, loss of freedom and even loss of life. If you are trying to reassure people that Trump is totally ineffectual just because he is not an all-powerful god-king, then you are failing miserably.
I am trying to say that
and
are not realistic scenarios, because that is not how the federal government works.
If you would like to present contrary evidence that Trump is uniquely talented in pulling the strings of government and will be able to get stuff done in days that normally takes years if not decades because of how institutionally slow, staid, and conservative pretty much every aspect of the federal government is and has become, please do so.
Aren’t they realistic? The plans have been laid out for us (and it is something that has been in process for many years):
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Project 2025 and the Project to Take Over Our Courts and Our Rights
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Project 2025 Would Destroy the U.S. System of Checks and Balances and Create an Imperial Presidency
I’m not sure why you think this Trump will not try.
Just entering the US, we have to present ourselves to a US customs agent, who can deny us entry for almost any reason, and actually arrest us for all kinds of things.
Imagine their surprise when we tell them we’re not actually “subject to their jurisdiction”.
Deportation of non-citizen would be viewed as a plenary power. The real issue is that if someone in the country illegally is not subject to the jurisdiction thereof then the ONLY punishment for a crime, no matter how heinous, would be deportation.
It goes to the courts where Trump hopes to win in SCOTUS
And this would be the toughest part for SCOTUS to throw out as unconstitutional. Can Congress pass a law that expands on the 14th Amendment and grant birthright citizenship to those not “subject to the jurisdiction thereof”? Remember this assumes SCOTUS changes the meaning as to not apply to children of those in the country illegally.
He doesn’t have to. Just SCOTUS.
“You are correct because we just denied you entry.”
That works if I’m in a pre-screening area in a Canadian airport. I can basically say, “Screw you guys, I’m going home!”
But land border crossings? Or customs booths at US airports? Every one of those I’ve ever seen are physically inside the US, and if they want, they can detain me any time they want. Remember what happened to all the people who were already in the air when Trump declared his Muslim Ban the first time around? They landed and were detained for no other reason than they were stuck in mid-air when their arrival suddenly became ‘illegal’.
If you try to assert your rights as you understand them to be at a border crossing or customs booth you won’t even receive the same courtesy given a sovereign citizen in a U.S. courtroom.
Well, yes, that’s my point.
But the Sov Cits will have a field day if this argument actually ends up in court!
Border control is a plenary power not a jurisdiction issue since the person has not legally “entered” the country.
-SCOTUS justifying its ruling.
I was talking about once I was in the US. Am I not subject to the jurisdiction of the United States?
So now I can try to smuggle drugs into the US, but if I get stopped and searched, I can shout “No blood no foul!” and run back to Canada. “Consarnit,” they’ll mutter, “I hate it when they’ve read the latest Supreme Court rulings!”
Like I said above, if this SCOTUS ruling is consistent then yes. However you could still be punished by your country of origin. In fact, if there were treaties for this that would confirm the new interpretation of “subject to the jurisdiction”.
Without birthright citizenship a US birth certificate ceases to be proof of citizenship. So how does anybody other than naturalized citizens proof that they’re a US citizen? Will we all need to trace our genealogy back to the most recent ancestor who was naturalized? What if my great-great-great-great grandparents just never filed the paperwork when they got off the boat? Could I be deported to Ireland or Scotland?
Well, now I have a new program to run for office on. “SMUGGLE Program”: Snowbirds Making Money Using Gaping Loopholes in Etats-Unis (gotta put some French in there!).
Every Canadian driving south for the winter will be given a load of cheap insulin and cocaine to smuggle. If they get pulled over, they just run back to Canada, if not, they sell it to fund their retirement. This will be the most popular government program ever, on both sides of the border.
No; Sweden, as is tradition.
Again, what if Trump says fuck it all and just orders immigration to do what he tells them to do? SCOTUS has given the president broad immunity from legal repercussions. Trump can just keep firing people till he finds one to do his bidding. Trump can pardon anyone who does what he tells them to do.
What is there to stop Trump from such a course? Really asking.
Civil lawsuits, including damages, are not subject to pardons. The federal officials who are engaged in such activities can be enjoined by the courts.
Well, as I’ve said for years, it comes down to the people doing the work. If they stand on principle, and refuse to carry out such orders, sure, he can fire them. But if too many are willing to sacrifice their jobs, he will run out of people to do the job. You can’t deport millions of people with the dregs of the Border Service.
But if they aren’t willing to fall on that grenade? The work gets done. Will the FBI, or State Police, arrest Border agents who are carrying out an illegal order? No matter how that plays out, it’s bad for the US.