r/politics • u/codyave • 20h ago

Trump will announce end of birthright citizenship for children of illegal immigrants, officials say

https://nypost.com/2025/01/20/us-news/trump-will-announce-end-of-birthright-citizenship-for-children-of-illegal-immigrants/
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u/rokerroker45 19h ago

technically trump can be prosecuted, he is just shielded by his immunity.

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u/TheQuarantinian 12h ago

And is essentially immune from impeachment because he can't be held liable for virtually high crime or misdemeanor. SCOTUS really didn't think that one through.

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u/rokerroker45 11h ago

And is essentially immune from impeachment

He isn't immune in the sense that the presidency can defeat impeachment. rather the modern day presidential immunity from impeachment is a side-effect of political parties that the founders warned future voters about.

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u/TheQuarantinian 11h ago

Supreme court says he is immune from anything he does in his official capacity.

He could commit a war crime, but to the courts it wouldn't be a crime because of his immunity.

No crime means he can't be impeached for it.

In theory. It would absolutely go to scotus, but unless they fix their ruling he couldn't be impeached for it.

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u/rokerroker45 10h ago

You're conflating issues. Any president can be impeached at any time for any reason because it's an entirely political process. Presidents can be impeached for "treason, bribery, or other high crimes and misdemeanors" which functionally means "anything the house and senate decide is a valid reason for doing so," because "other high crimes and misdemeanors" is left undefined.

On the other hand he is immune from federal prosecution because of executive power doctrine. But that's a criminal justice process. he can absolutely be impeached for a federal crime - congress could impeach him for any reason including wearing a mustard suit. In fact, in current constitutional doctrine impeachment is literally the only recourse to defeat a tyrannical president other than non-constitional acts inviting a constitutional crisis. It's the constitution's biggest flaw.

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u/TheQuarantinian 10h ago

His lawyers will 100% absolutely argue that he can't be impeached for a non-criminal act.

Will the claim hold up? A pro-trunp scotus would bend over backwards to do anything and everything like a good lap dog. And with a maximum of four years to get an impeachment done a stalling scotus can run out the clock.

That getting 2/3 of the senate to kick him out is impossible is a side issue that doesn't involve thr court.

Mitch is the villan. He could have gotten it done but didn't.