Remember when President Obama decided to resort to Executive Orders to circumvent Mitch McConnell /the Do Nothing GOP Senate block and the Freedom Caucus? I recall even middle of the road Republicans accusing President Obama as acting like a Dictator. How much you want to bet not a single one of them will use the word for what Trump is trying to do?
" I*m the Presidunce , I can do what I want . "
Trump don’t need no stinkin’ Constitution.
[C]itizenship for babies born in the U.S. is “protected by the Constitution” and can’t be ended by an executive order.
Trump: hold my beer.
Justice Kavanaugh agrees
Lie down with dogs congressman, wake up with fleas.
This is Trump, growing the (circus) tent for the Republicans.
“What we really need is broad immigration reform that makes our country more secure and reaffirms our wonderful tradition as a nation of immigrants.”
Yeah but you have to be the right kind of immigrant silly little non-right kind of man.
I don’t know about this one. Even Kavanaugh may balk at “interpreting” amendments into the cornfield.
Normally I get annoyed with media outlets for giving these clown moves by Trump any sort of legitimacy by covering them, but Curbelo’s tweet is a sign here that just talking about it is making endangered Republicans like him nervous. There are plenty of conservative second-generation citizens who benefited from birthright citizenship, or have friends and family members that did, so keep talking asshole, hopefully this will help to wipe out even more GOP politicians next week.
“Oh yeah? Well then what if I sign an executive order that makes me able to end it with an executive order?”
Here’s another one of the GOP cocksuckers scared out of his mind about next week.
Kavanaugh has been bought and paid, but even if he hadn’t, his inclinations is to make place the President above the law as long as it’s a republican.
No he can’t. We’d have to amend the constitution and that isn’t happening.
While it is true that the words of the 14th amendment make absolutely clear that anyone “born in the United States and subject to its jurisdiction” is a citizen of the country, the words of Article I, Section 8 of the Constitution also make absolutely clear that Congress has plenary authority to “regulate commerce… among the several states”.
Yet, this Supreme Court invented its own version of the Commerce Clause that held that it didn’t cover Congressional statutes regulating commerce if they “required the purchase of a product.” Nowhere does the Constitution make this distinction. Rather, this invented new Commerce Clause was the product of a couple right wing law professors whose political purpose was to overturn Obamacare. It was totally bogus, but it was bought - hook, line and sinker - by a five member majority of the Court to overturn Obamacare. One of those five, Chief Justice Roberts, then voted to uphold most of the law because it was also passed under the taxing authority of the 16th Anendment, which was also how the New Deal-hating Supreme Court had come to terms with the Social Security Act.
Now, we have a couple right wing law professors creating a bogus argument that a child born in the United States of a non-US citizen is not really “subject to the jurisdiction” of the United States, and thus does not get birthright citizenship under the 14th Amendment. If it sounds absurd to you, and you think that it can’t possibly to taken seriously, I just point you to the Court’s treatment of Obamacare.
The Trump Administration will adopt this limit on birthright citizenship; it will incorporate it in a Trump Executive Order; Red States will start adopting it in state legislation and denying the right to vote to (formerly) American citizens with “suspect” ancestry; and when the inevitable lawsuit gets to the Supreme Court, how do you think this Supreme Court will Rule?
It’s not going to happen. IT will not make it to the SCOTUS because it’s clear - it’s a constitutional provision that requires amending the constitution which requires 2/3ds of the states.
He cannot amend the constitution with an Executive Order.
Of course, he can’t amend the constitution through an Executive Order. And Congress can’t amend it through legislation, either. But they are not claiming that they are amending the Constitution. They are claiming that the constitutition’s language does not afford automatic birthright citizenship.
If you think that’s an absurd position, it is no more absurd than the successful argument in the Obamacare Supreme Court litigation that the Commerce Clause doesn’t cover legislation that “requires the purchase of a product”. In fact, if you just compare the Constitutional language, there’s a more plausible case here than there was in the Obamacare case. In both cases, the Constitutional argument is absurd, but not so absurd that the five Republican politicians on the Supreme Court won’t buy it.
As best I can tell… SCOTUS laid this to rest in United States v. Wong Kim Ark back in 1898. The court held that being born here made you a citizen.
There was however this passage in the dissent section by Chief Justice Fuller… This seems to be the argument that Trump is making.
I am of opinion that the President and Senate by treaty, and the Congress by naturalization, have the power, notwithstanding the Fourteenth Amendment, to prescribe that all persons of a particular race, or their children, cannot become citizens, and that it results that the consent to allow such persons to come into and reside within our geographical limits does not carry with it the imposition of citizenship upon children born to them while in this country under such consent, in spite of treaty and statute.
It is not exactly what Trump is saying… The Chief Justice seems to be saying that the President and the Senate can bypass the 14th amendment by treaty… Needless to say… this ain’t happening either.
BTW… the opinion is rather long and discusses about 3 centuries of english and american common law and Chinese law going back to 2000 BC… but it was interesting to see how the courts reasoned back in the 1890s.
I’d love to see someone point out to the GOP that, if trump can kill the 14th Amendment by executive order, then we can also eliminate the second amendment the same way.