Discussion: Scalise Doesn't Object To Trump's Talk Of Unilaterally Eliminating Birthright Citizenship

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Not "about philosophy or political ideology.ā€

OMG

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ā€œBirthright citizenship is constitutionally mandated by the 14th Amendment, and it would almost certainly take a constitutional amendment to change that, barring some extraordinary Supreme Court action.ā€

I think I see the problem right there…

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Remember that Steve Scalise was described early in his political career as ā€œDavid Duke without the baggage.ā€ That was intended as a compliment.

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It’s not going anywhere - it’s in the constitution. You are not going to amend the constitution. You will be lucky if you don’t get indicted after the election but one thing I know - you aren’t going to do shit.

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I wonder how far back you have to go to find which one of Steve Scalise’s ancestors was granted birthright citizenship. Two generations? Three?

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I’ve been wondering about that all morning. Would Roberts want to be the guy that officially ended democracy in this country by allowing the president to alter the constitution by fiat?

Or even if they took a more limited approach by allowing him to define an amendment by E.O., wouldn’t that effectively end the role of the Supreme Court entirely?

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No.

That isn’t going to happen.

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Just competing with Jim Jordan for speaker…

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I wonder how far back you have to go to find which one of Steve Scalise’s ancestors was granted birthright citizenship. Two generations? Three?
Thats different doncha know, he’s white…

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That’s what I think too, but I do think there may be a few votes for it. Barf, Clarence, Alito, Gorsuch*? I’m not taking bets there.

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He’s just trying to distract people from the upcoming elections. God know what’s next. He’ll probably accuse Democrats of planning to impose martial law if they take Congress.

Very well put here:

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Which ā€˜rule of law’ is THAT Scalise? The one you buy into or the ACTUAL CONSTITUTION FOUNDING FATHER LEGISLATIVE ā€˜rule of law’? Just checking.

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It would never make it there. It’s clear in the constitution - that’s what it says and it would require an amendment which 2/3ds of the states have to agree with.’

The justices can’t just ignore that provision.

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I’ve said it so many times - things are really circling the drain when I consistently find myself on the same side as people like Frum and gasp Bill Kristol. Damn you trump. Damn you to hell.

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Gotta say, this is by far Trump’s best electoral move. At a stroke he turns the national conversation to immigration. But there’s a long time to go. News cycle will spit this out in 48 hours.

There are of course perils involved in asserting that the express terms of the Constitution can be nixed by Executive Order. This is where Dems have to show some political skill and frame this as a dictatorial move rather than an anti-immigration measure.

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And, occasionally, Erick son of Erick son of Erick…

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Steve Scalise is a bonehead. It’s not important what he thinks, and I wager he’ll be Minority Whip in a matter of weeks.

The so called ā€œstrict Constitutionalistsā€ should shut the door on this nonsense because birthright citizenship is a constitutionally mandated provision, but I imagine they’ll slither out of it. We are at least spared a legal dipsy doodle from Antonin Scalia, who would have found a way to agree with Trump, no doubt.

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I agree that it’s highly unlikely, but a fraudulent construction of the Constitution is entirely within their capacities and powers. Let me put it this way: if it’s possible to imagine one member of the Trump Court supporting his party leader, then it’s possible that more than one will, and that this number would be five. Alternatively, if I’m Thomas or Alito or Kavanaugh and know that the majority will hold against Trump in this instance, I would certainly be tempted to dissent in order to launch the jurisprudence with a view to consolidating a like-minded majority further down the road.

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But there is no legal question to take to the SCOTUS.

There is no dispute - he can’t do what he talking about because he doesn’t have the power or authortiy = and there is no question about that.

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