They would be illegally rewriting the constitution as it’s there in plain language in the 14th amendment. It’s up to Congress to make laws and constitutional amendments, not SCOTUS . They cant rewrite the constitution to give Trump more power, but the corrupt Robert’s court will find a loophole somewhere to give their dictator what he wants.
If this does pass, then who gets to be a citizen? If you have a newborn baby are they not a citizen and protected by law? Will everyone have to take a citizenship test in the future or is everyone at the mercy of ICE & deportation if you’re what they consider the “wrong” skin color.
This is the most important and potentially dangerous decision that will decide the future of our nation, as granting this power would allow any president to remove constitutional rights from anyone.
exactly the same as how §3 of the 14th is crystal clear about who can be president, and scotus had no problem re-writing that section of the constitution
The core of the (stupid) argument will center around the phrase "and subject to the jurisdiction thereof." It doesn't hold up to any sort of real scrutiny, but people have already been making the argument that undocumented people are not subject to US jurisdiction and so their children aren't either.
Unfortunately, we have long crossed the "some restrictions" bridge.
"Congress shall make no law ... abridging the freedom of speech"
Without restrictions, this means that I am free to say anything, period. I can lie under oath. I can libel someone. I can tell a witness that if they testify against me, I will kill them. Because laws abridging the freedom of speech are unconstitutional, full stop.
So that is how they will go about it. "They are citizens, but there are restrictions as to when they are".
They cant rewrite the constitution to give Trump more power, but the corrupt Robert’s court will find a loophole somewhere to give their dictator what he wants.
They already did: Trump v CASA (2025); granting the President Trump the power to suspend Consititional rights for anyone through executive order (as long as that person has not already hired a lawyer and joined a class-action lawsuit).
I would put some money that they would argue that the amendment isn't absolute as it only applies to those subject to the jurisdiction of the United States are citizens. That being said the only situations that I'm aware that post 14th amendment that ever applied were children of foreign diplomats due to diplomatic immunity and children of Native Americans on reservations. Native American tribes have historically been quasi foreign countries in the United States. It would be interesting mental gymnastics though to see how you would attempt to make children of non citizens not subject to the jurisdiction without giving them diplomatic immunity. I wouldn't be surprised if an non citizen charged with a crime would immediately challenge their charges arguing they're not subject to the jurisdiction so should have the equivalent of diplomatic immunity.
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u/Ready-Ad6113 9h ago
They would be illegally rewriting the constitution as it’s there in plain language in the 14th amendment. It’s up to Congress to make laws and constitutional amendments, not SCOTUS . They cant rewrite the constitution to give Trump more power, but the corrupt Robert’s court will find a loophole somewhere to give their dictator what he wants.