this post was submitted on 05 Dec 2025
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Fucking.... Fuck.
The constitution literally says:
How can a presidential order.... effectively a wishlist or at best guidance for how the executive branch should behave overturn the fucking Constitution.
Does that mean the next Democrat can do an executive order wiping out the 2nd amendment?
What in that absolute fuck is Roberts thinking?
No. Keyword there being Democrat. It will be unconstitutional because a Democrat wants to do it, it would be ruled the other way if it was a Republican trying to do it.
It's the product of the clown show fake SCOTUS we have currently: desired outcomes first, rational to justify second.
"Calvinball jurisprudence"
They're not going to directly overturn anything, they're going to argue that people who aren't in the US legally aren't "subject to the jurisdiction thereof", even though they're subject to it's jurisdiction enough to be arrested, tried and convicted. It's generally been understood that the clause was meant to exclude people with diplomatic immunity or something like it, but SCOTUS will ignore that in the name of "originalism".
If they're not subject to its jurisdiction, that would mean that other laws do not apply to them
So being born here becomes illegal, therefore no citizenship? To whom would that amendment then apply? Only white folk?
Not to mention the craziness of applying this to births. There have been people harassed by ICE with Real IDs who have been told those are forgeries - do we expect parents to bring passports to the hospital to make sure their kids "count"?
Some americans unironically believe that piece of parchment to be almighty, self-evident, irreproachable, and universally revered.
Unfortunately those in power have transferred that belief to Trump. That's all it took to abolish the rule of law.
Because the constitution is just words unless people act as though they are binding to all government officials. The republican party pushed through cynical movements to ensure that those who truly believe weren't going to be nominated to the court under their presidencies