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Trump Wants To End Birthright Citizenship By Executive Order (Original Post) turbinetree Oct 2018 OP
the 14th amendment cannot be 'overridden.' What a blowhard fuckstick. CurtEastPoint Oct 2018 #1
Who's left to stop it? Amimnoch Oct 2018 #3
Historical precedent will stop it. Kavanaugh and SCOTUS know that. The 14th marked the signal con- ancianita Oct 2018 #9
I believe there are lower court justices who would find it unconstitutional bitterross Oct 2018 #10
Yet his mother was illegally here geardaddy Oct 2018 #2
Lets Deport him! MiniMe Oct 2018 #4
yeah, does it cascade? getagrip_already Oct 2018 #5
+1 violetpastille Oct 2018 #8
lol...I think the constitution addresses this already beachbum bob Oct 2018 #6
It pretty much does, yes. ancianita Oct 2018 #11
Good luck with changing the Constitution via executive order YessirAtsaFact Oct 2018 #7
 

Amimnoch

(4,558 posts)
3. Who's left to stop it?
Tue Oct 30, 2018, 10:29 AM
Oct 2018

I mean, you're TOTALLY right about what's written, but when the Senate nor House will stand up to him, and if the executive order is challenged in the courts, will this SCOTUS side with the Constitution? 2 years ago, I'd have believed this wasn't possible.. now, not so much.

2 years ago, I'd believed that no president would outright attack the freedom of the press... Not seeing anything by Congress to stop it.
2 years ago, I'd believed that no president would outright fire a sitting FBI director for the reason that he refused to commit to not investigating the President.
A president getting a total pass on equating protesters of a white supremacy/Nazi rally on US soil with the White Supremists/Nazi's themselves! Especially after said Presidents own words, rallies, and speeches incited the Nazi rally to begin with!
Openly attacking a legal, and congressionally sanctioned investigation into his actions.
Don't EVEN get me started on his rampant violations of the emoluments clause (foreign AND domestic)!

I would so LOVE to believe that any portion of the constitution could not be overridden by an executive order, but my confidence in our Legislative and judicial brance to ensure the seperation of powers just isn't there right now.


ancianita

(36,057 posts)
9. Historical precedent will stop it. Kavanaugh and SCOTUS know that. The 14th marked the signal con-
Tue Oct 30, 2018, 02:44 PM
Oct 2018

stitutional achievement of a century of debate and war. It proposed a definition of citizenship guaranteeing its privileges and immunities, and insuring equal protection and due process to (my italics for emphasis) "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..."

(my italics)

...The United States Constitution does not have a provision that explicitly permits the use of executive orders. The term executive power in Article II, Section 1, Clause 1 of the Constitution is not entirely clear...The U.S. Supreme Court has held[6] that all executive orders from the President of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch.[7] Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes. Attempts to block such orders have been successful at times when such orders exceeded the authority of the president

https://en.wikipedia.org/wiki/Executive_order

Were you on a legal precedent path, every amendment and the Constitution itself could be nullified by executive order. Could he try to be dictatorial and overrule the Constitution? Well, there's only one adherent to "broad executive powers" sitting on the Supreme Court, and the rest won't help him with that one.

The judicial branch doesn't enforce separation of powers. The whole Constitution does.

If you'd love to believe it, then believe it.
 

bitterross

(4,066 posts)
10. I believe there are lower court justices who would find it unconstitutional
Tue Oct 30, 2018, 02:47 PM
Oct 2018

The the DC circuit still has a lot of Dems on it. I see them shutting this down pretty fast and SCOTUS, not taking it up at all. Roberts will probably see this as much more of a no-win than the Muslim ban. They had a lot more wiggle room on that than I think they would on this.

Of course, I reserve the right to be completely and totally wrong because of the point you make about the last 2 years setting aside most of what I thought was settled.

geardaddy

(24,931 posts)
2. Yet his mother was illegally here
Tue Oct 30, 2018, 10:23 AM
Oct 2018

as was his current wife.

On edit: apparently his mother came here legally on an immigration visa and declared that she would stay so that she could become a citizen, but she left to go back to Scotland multiple times during that time.

getagrip_already

(14,751 posts)
5. yeah, does it cascade?
Tue Oct 30, 2018, 10:39 AM
Oct 2018

My wife and all of my children are dual citizens us/germany. They have that distinction because my wifes mother was a jew who lost her citizenship during the 1930's. As a repiration, she was able to get it back about 15 years ago. Once she had it, all her kids could get it, and then all of their kids qualified.

So if it can cascade forward, would it cascade backwards? So if a parent loses their citizenship, do the children and grand children?

Lots of Americans can lost their citizenship if that happens. I'm talking to you marco rubio and ted cruz.

YessirAtsaFact

(2,064 posts)
7. Good luck with changing the Constitution via executive order
Tue Oct 30, 2018, 10:50 AM
Oct 2018

More blow hard asshole noise for the deplorables.

I bet he never follows through with this.

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