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Fourteenth Amendment Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
I don't get how you square those two together.
Probably with “The founders only wanted what I think they wanted, despite their explicit instructions”
Interpreting old texts to match their own personal beliefs is what Christo fascists are best at.
And they're not even fucking good at that. The only thing they truly excel at is spreading hate.
Look no further than the dissent to United States v. Wong Kim Ark (when the Supreme Court ruled that the passage you cited grants citizenship by birthright), written by Chief Justice Melville Fuller, the mastermind behind such legal opinions as:
Anyway, he wrote:
the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the fourteenth amendment overrides both treaty and statute
and
[Birthright citizenship means] the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.
So in other words, he was willing to rule that the constitution is optional as long as you are using it against undesirable races in order to get his way.
unless the fourteenth amendment overrides both treaty and statute
It absolutely does! That's the point!
You just lie about the second part and have a government full of sycophants and a corrupt Supreme Court that declares that everything you do is by definition legal.
It's why they used the language of "invaders". 14th amendment doesn't provide protection for invaders. This is the first step in working around the constitution.
Don’t worry, the bootlickers in the Supreme Court will find the dumbest argument you ever heard to rationalize it.
The heritage foundation has an argument prepared for the inevitable supreme court case. I think it's shit, even for them, but SCOTUS seems like they'll go along with anything.
Their argument hinges on the phrase "and subject to the jurisdiction there of" claiming that this somehow excludes non-citizens. Accepting this argument would have the weird implication of saying that non-citizens in the US are not subject to the jurisdiction of the US. So... how do other laws apply to them? How could they be charged with working or entering the US illegally?
That clause was targeted at, and is still targeted at, foreign diplomats who have diplomatic immunity. If you can't be compelled to to pay your parking tickets because you put the little flag on your car, then your babies also don't get to be Americans. Easy.
If your typical non-little-flag-on-car undocumented immigrants are really "not subject to the jurisdiction," then how can you arrest them for all of the horrible crimes they are allegedly committing?
with critics calling it unconstitutional.
You don't need to be a critic to call it unconstitutional. It is, as it contradicts an Amendment.
This exactly. It is COMPLETELY unconstitutional in the very definition of the word.
Would you like to know more?
You jest but serving in the US military is a legit way to gain citizenship.
It's not a guarantee, though, but it should be. If you serve for, say, 5 years and have not been dishonorably discharged, you should be automatically eligible for citizenship.
As of now, serving only exempts you from the continuous residence and physical presence requirements. You still need to be a permanent resident, know English, understand the US government and history, and demonstrate "good moral character" for at least a year out of the military.
Permanent residency shouldn't be mandated for soldiers. They're choosing to serve for the US - isn't that enough? The English and US government/history requirement should be waived under the assumption that they understand all of those well enough after training and serving in the military. Good moral character really is just that you haven't committed any serious crime which is fine.
If only there was a document that prevented that
https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/
Oh wait, it's gone!
Fuck, lots to unpack here.
Sooooo, that actually is his official portrait? I thought someone posted it as satire. At least he's not hiding that he's the villain.
"America we're back" is his slogan? That and the pic looks after school special.
The loading screen icon is the White House -- was it always? Because as a Canadian all it invokes in me is the memory of us burning it down.
Did the constitution page get remapped? Or is it gone, gone?
So I was just thinking they were being cheeky and posted a fake URL that would show an error from the Whitehouse website, but I Googled "whitehouse website constitution" and google has a link to their page on the constitution... It's gone.
argues against the 14th Amendment
critics calling it unconstitutional
Uuuuh yeaaah, no shit...
Can't wait for the Right to recognize that if they normalize nullifying constitutional amendments with executive orders, the next Democrat president can just use that to nullify the 2nd Amendment that they're so terribly fond of.
Of course that assumes there will be another election some day.
next Democrat president
LOL. Fascism is here. There will never be another Democrat president.
that assumes that the Dems will actually do literally anything at all.
Democrat president can just use that to nullify the 2nd Amendment
Can, but won't, because that would be "going low" and "we aren't like them"
You know, like cowardly dipshits
Yeah, if they let him start dictating constitutional amendments by executive order there definitely won't be a next election.
states should arrest border patrol agents attempting this.
Democrats should threaten to charge anyone attempting this of human trafficking.
I think recent events have shown Democrats are incapable of helping anybody but themselves. And even then they're shit.
just now realizing everything I have done in my life in trying to contribute less plastic and waste less is not even 0.00001% compared to the environmental damage these executive orders are going to do.
Take off your individualism hat and put on your collective hat. Group actions make a difference.
Love how he swore an oath to uphold the constitution then a few hours later signs and executive order that goes against it
Stay tuned for a new constitutional crisis every day!
Just one per day? I'm expecting at least two.
Constitutional lawyers are going to be making a fortune over the next 4 years. Fuck you America. Just fuck y'all.
The Supreme Court has been bought and paid for by right wing special interest organizations like the Heritage Foundation. This obviously illegal order will be upheld. At best, there might be a single right wing judge that crosses to make it a 4-vote dissent.
The rule of law is dead in America. This has been planned since the Painter memo in 1971. The fascist takeover is happening.
“It’s ridiculous, we’re the only country in the world that does this with birthright, as you know, and it’s just absolutely ridiculous. We think we have really good grounds. People have wanted to do this for decades.”
Canada has birthright citizenship.
Trump is ignorant and Trump is stupid.
Congratulations, America, you elected a convicted felon, adjudicated rapist, serial sexual assaulter and harasser, serial adulterer, serial fraudster, pathological liar, lifelong con man, and wannabe dictator but more importantly you elected a fucking idiot.
The payload
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Which is absolutely ridiculous. In the first case if they aren't subject to your jurisdiction then you cannot deport them. And in the second they would not need a visa. You can't have it both ways. You can't make them subject to our laws without them being subject to the United State's Jurisdiction.
How does this work? Aren't most people citizens because of birthright citizenship?
My ancestors certainly didn't do the proper paperwork before landing here.
I noticed a trend with Trump's executive order spree yesterday - almost all of them are just fluff or red meat for the base that don't have any effect on anything, like the one defining genders, and others are so blatantly unconstitutional that they will be challenged and most likely never implemented, like the one in question terminating birthright citizenship - it's guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.
He's counting on the goldfish brain base to give him credit for doing these wacky things and then not pay attention three weeks from now when an ACLU lawsuit essentially puts the order in limbo before it dies in front of a judge.
Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it'll have about the same amount of impact as this first round of executive orders will.
t’s guaranteed to go before the courts and get struck down
If only trump controlled the highest court in all the land. A "supreme" court, if you will.
That said, trump and his allies have been pretty open that the idea is to spam EOs to demoralize people and distract them from what they are really doing. And, in this case, Legal Eagle (and Liz Dye) kind of already explained it:
The idea will be to declare a border crisis (done) to give the potus wider reaching powers. Same with declaring Mexican cartels as terrorists (they kind of are, but not to us). The combination of those mean they can invade sanctuary cities under "national security" excuses and can argue that illegal immigrants are enemy combatants which DO have a carve out.
The "quirk" of Kamala no longer being a citizen because her parents were here under student (?) visas MIGHT get struck down. But the real goal of populating labor camps with brown people is right on track.
it’s guaranteed to go before the courts and get struck down. Doing something like that would require an constitutional amendment.
lolwut?
With this SCOTUS, they will pluck the case out of the line, before it goes down any circuit, and they will issue a ruling declaring it constitutional.
That's what happens when you have a bought-and-paid-for SCOTUS.
Trump might as well sign an executive order that declares himself Emperor of the Moon and Supreme Chancellor of Outer Space, it’ll have about the same amount of impact as this first round of executive orders will.
Look, not to call you out or anything, but the impact of these edicts (however nonsensical) is radically different now that he's in office.
The problem isn't the legitimacy or legality of any such order, it's the veracity and scope to which they are carried out regardless of those facts. He just pardoned the Jan 6th insurrectionists. Now, people that are handed off-the-wall, yet much more clear, orders from the White House can now go on thinking that illegal activity pursued in the name of said order will be washed away. So, stuff like this will cause damage to be done well before any courts can intervene, constitutionality be damned.
As a bonus, this adds culpability to the actions of his subordinates. Step in line or lose your job. Fail me after committing a crime and you go straight to prison. This is an organized crime tactic to keep shady people in line.
I never ever ever want to hear anymore excuses from democrats about "oh, but we did kinda do the one thing. Governance is hard, and we just couldn't get 100% of Congress to agree. The republicans bullied us until we came and we're all out of gas :("
Deport Baron
Deport Elon
It's almost like the vow he made to protect the constitution just yesterday was completely empty and meaningless.