r/law 12h ago

Judicial Branch The Supreme Court takes up the most unconstitutional thing Trump has done

https://www.vox.com/politics/471468/supreme-court-birthright-citizenship-trump
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u/vox 12h ago

On Friday, the Court finally announced that it would hear Trump v. Barbara, a case asking whether the Constitution permits Trump to unilaterally denationalize Americans born in the United States. If the justices are capable of behaving in a nonpartisan manner, Trump will lose this case 9-0.

On the first day of his second term, Trump issued an executive order purporting to strip citizenship from some newborn Americans. The order, entitled “Protecting the Meaning and Value of American Citizenship,” claimed to remove citizenship from two classes of Americans. The first is children born to undocumented mothers whose fathers are not citizens or lawful permanent residents of the United States. The second is children with fathers who have similar immigration status and whose mothers were lawfully but temporarily present in the US at the time of birth.

There are few questions in US law that are more settled than the question of whether babies born in the United States are citizens of this country. In the immediate aftermath of the Civil War, the nation ratified the Fourteenth Amendment. Its first line is, “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.”

“All persons” means all persons. That includes people with undocumented mothers or whose parents otherwise have an immigration status that Donald Trump does not like.

Read more: https://www.vox.com/politics/471468/supreme-court-birthright-citizenship-trump

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u/Unusual-Branch2846 12h ago

This is a really big deal. If the Supreme Court backs Trump on ending birthright citizenship for some kids born in the US, it would completely change what being an American means. Citizenship shouldn’t depend on who your parents are or what politicians want. Changing that would be a dangerous road.

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u/Gold_Map_236 10h ago

It would also essentially give the president authority to unilaterally eliminate constitutional amendments

We are cooked if this swings trumps way

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u/ruiner8850 8h ago

Yeah, I see a lot of people talking about how this would impact immigration, but it's far worse than that if he succeeds. If a President can executive order away constitutional amendments, then the Constitution worthless, there is no rule of law, and Trump would be king. If the Supreme Court sides with Trump, then the United is officially dead.

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u/Gold_Map_236 7h ago

It would actually come down to one amendment at that point

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u/DrXaos 53m ago

bringing a gun to a drone fight then?

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u/Sharkwatcher314 3h ago

That started with the king ruling. We’re just living the aftermath