Not only that, the GOp will have to get it past the House with a razor thing majority. Aint gonna happen.
This is not true.
How can he? The same way he built the wall and got Mexico to pay for it. The same way he ended Obamacare and come up with his “better plan.”
I think you’re overestimating how slowly the judicial gears grind. Trump had several cases challenging his actions in his first term such as the Muslim ban and border wall funding reach the SC while he was still in office.
None of those involved redefining a core constitutional principle which would affect the citizenship status of potentially every single person in the country. What if, for example, you were born in Canada to an American mother and a Canary Islander father who was born in Cuba?
And, as I noted when initially addressing the hypothetical, they can’t even start on a project like this unless they somehow gain 7 Senate seats first.
We don’t want him back.
I’m not sure why a case involving a core constitutional principle that impacts millions of people would slow a case down. You could argue that the Muslim ban and the border wall cases fit these criteria. If anything, the courts would likely want to fast track such a case.
As for needing the Senate, what’s been floated on the right is that he could declare illegal immigration to be an “invasion” and therefore the children of such invaders would not be eligible for birthright citizenship. And then he can order his Administration to deny them any rights or benefits reserved for citizens – access to federal aid programs, being eligible for federal hiring, etc. Obviously, I disagree with both the Constitutionality and morality of such a move, but that’s how he can force the issue.
Or just have the “immigrants” shot and bombed like we would an actual invasion. By all accounts the Trumpites are frothing at the mouth over the idea of a military attack on Mexico.
Then you are an American citizen under jus sanguinis. That was easy.
I’m not aware of any Constitutional provision that allows the president to arbitrarily declare someone an “invader”. Is Congress going to declare war on everything south of the Rio Grande?
Birthright citizenship is enshrined in federal legislation. To change that, you have to change the legislation, and they don’t have the votes for that.
How do you know his mother was an American? If Trump’s view is implemented, then a birth certificate is not proof of citizenship.
How do we know his mother was a citizen? What if her great-grandparents weren’t citizens? If this purely hypothetical person (let’s call him, I don’t know, Edward) is a citizen, is he a natural-born one?
They might well have the votes to end birthright citizenship. All they have to do is end the filibuster in the Senate (or at least make an exception) and have the House GOP vote in unison.
The President is the the commander in chief, he can order an attack anytime he pleases on anything. And does have the power to decide if the US is being attacked.
As for the Constitution? You keep bringing it up but it doesn’t matter. Trump doesn’t care and the Supreme Court will just rubberstamp whatever he wants to do as constitutional. It’s a dead letter now.
However he does it, Trump would be claiming that any statute that enshrines birthright citizenship is in conflict with the meaning of “subject to the jurisdiction thereof” under the 14th Amendment and therefore unconstitutional. And he would order his Administration to act in accordance with his, Constitutional, interpretation. And the courts would have to resolve it.
Which the new Majority Leader has made it absolutely clear will not be happening.
Which is why Joe Biden was never president, since the Supreme Court rubber-stamped Trump’s lawsuits in 2020 and declared him the winner.
You keep saying that as if the situation hadn’t changed.
That is so tiring as is the whole “He didn’t get everything, and this is obviously solid evidence that he isn’t going to get anything” schtick I hear over and over again. It also ignores that the Senate, the House and the Supreme Court have changed and evolved (devolved?) over the last few years.
I could say the same thing about the “He’s going to get everything he wants because the Supreme Court will automatically take his side no matter what and nobody can stop him” schtick I hear over and over again.
Shouldn’t you be off actively fighting the Supreme Court’s rulings, BTW?
To be fair, Congress has always had the power (or at least… has always exercised the power) to extend birthright citizenship. There is nothing in the Constitution saying that the children of US citizens born abroad are citizens by birth, and yet, here I am. Unless and until I become an enemy of the Trump administration, in which case maybe they find a way to strip me of my citizenship too. But for now, here I am: a citizen from birth by statute, not under the 14th amendment or any other express provision of the Constitution.
The 14th amendment was necessary because of the abhorrent decision in Dred Scott, which (erroneously) stated that the descendants of slaves specifically could never be citizens of any US state, and thus could never be citizens of the US based on the founders’ intent under the Constituion. It wasn’t tasked with deciding whether other classes of people could be citizens and whether Congress had the power to enact laws making the children of non-citizens born in the US citizens by birth provided they were not also descended from slaves of recent (on an evolutionary timeframe) African ancestry.
You could, if that were actually happening…and what I personally do off-line is a bit off-topic, don’t you think?