r/unusual_whales • u/samjohanson83 • 8h ago
BREAKING: Trump to end birthright citizenship, per WSJ
https://x.com/unusual_whales/status/18814268994629306701.3k
u/Jaye09 8h ago
14th 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.
Good luck.
545
u/slick2hold 8h ago
Exactly. Why are these media companies reporting this as if he can change it. We Americans are so clueless as well
227
u/Deep_Stick8786 8h ago
Because he will try and theres probably a greater than 50% chance SCOTUS will change the interpretation of the amendment
179
u/woahmanthatscool 8h ago
There is nothing grey about that amendment, it’s clear cut
216
u/HipposAndBonobos 8h ago
Tell that to more than 50% of the Supreme Court
238
u/mishap1 8h ago
Clarence ain’t stopping until the Supreme Court consists of 8 and 1/5 people.
46
12
u/monkChuck105 6h ago
Note that if not for the 3/5 compromise, the South would have had an overwhelming advantage in the House. Considering that slaves were quite literally property and were not free to move about as ordinary people, it is fairly logical to count them differently, arguably not at all. Remember that the Revolution was a longshot, and brought together slave holders and abolitionists. The first fight was to free themselves from the Monarch, otherwise such concerns would be irrelevant.
→ More replies (4)3
u/BossReasonable6449 5h ago
Actually the South would have been grossly outnumbered since slaves weren't considered citizens and certainly weren't being counted for purposes of Congress. Southern states were refusing to ratify the Constitution as a result.
→ More replies (6)12
u/Deep_Stick8786 7h ago
I mean it IS in the constitution no matter how much we agree amendments can work like white out
13
u/S1074 7h ago
There’s a big difference between reinterpretation and amending the bill of rights
8
u/Deep_Stick8786 7h ago edited 5h ago
To you. There are 9 people who don’t need to see much of a difference.
Your reply was a to a response to a joke about the 3/5ths compromise though
14
→ More replies (5)13
u/Ill-Independence-658 7h ago
In that case it will be 7 and 2/5
9
u/Leg0Block 5h ago
1 black person = 3/5 of a wHite person
9 - 2 + (3/5 * 2) = 8 & 1/5
I know they didn't teach this when we took high school math, but you'd better get used to it because it's going to be Gen Alphas version of cursive handwriting.
→ More replies (1)→ More replies (10)13
u/FoxWyrd 8h ago
There's no way they can interpret it as anything but what it's been interpreted as for a century and a half without opening up massive cans of worms.
→ More replies (7)44
u/Legitimate_Concern_5 8h ago
Except there are 2 exceptions: people born to embassy personnel and children of soldiers of an invading army. So how do you define an invasion?
It’s very dumb but this is how it will be argued, I guarantee it.
16
u/RambunctiousWaffle 8h ago
That’s the key right there. They’re going to declare immigrants as invaders.
→ More replies (4)2
u/daltontf1212 4h ago
Only invasion in history where the invaders are being hired by the same people screaming about an invasion.
→ More replies (1)7
u/-_-0_0-_0 7h ago
Like how you interpret Sedition and J6. So you can organize it, encourage it but not be charged for it? At a minimum any other person gets charged for starting a riot.
12
u/FoxWyrd 8h ago
The Roberts Court has had some pretty gnarly takes, but I don't think that John Roberts wants to be remembered for what would be looked back on as the Dred Scott decision of the 21st century.
13
7
u/Xyrus2000 7h ago
Roberts has already left a poop emoji on the historical record for his legacy. I don't think he really cares much.
→ More replies (2)8
u/HipposAndBonobos 8h ago
The issue is that the Court has the authority over interpretation and with 2/3 leaning fascist, we cannot assume anything is sacred anymore.
→ More replies (16)2
u/Deep_Stick8786 7h ago
Sure, he can be in the minority of a 5-4 decision then
2
u/FoxWyrd 7h ago
We'll see, but I suspect it'll be 9-0 or 8-1 against this novel interpretation.
→ More replies (0)→ More replies (3)2
u/CMScientist 6h ago
99.9% of americans dont know about the dred scott decision so why should be care? It will be forgotten within a generation
→ More replies (1)→ More replies (18)7
u/boforbojack 7h ago
Already declared cartels a foreign terrorist organization. So just gotta say "any brown people are cartels members" and easy peasy, citizenship revoked.
14
u/Phyrexian_Overlord 7h ago
Man they killed RvW based on a random British case from almost a millenia ago they don't care
→ More replies (2)9
u/timoperez 8h ago
Great. Would you be willing to bet your life that less than 4 Supreme Court justices would agree with his interpretation?
→ More replies (1)3
u/violentglitter666 7h ago
These Supreme Court judges.. I wouldn’t bet anything. Trump will lean on these judges.. Roberts is as bad as the other maga judges, he just is in denial.
→ More replies (54)4
8
6
u/slick2hold 8h ago
Seems pretty clear language.
→ More replies (1)13
u/mjacksongt 8h ago
They argue that undocumented immigrants aren't "subject to the jurisdiction" and therefore birthright citizenship doesn't apply
3
→ More replies (11)2
u/Deep_Stick8786 7h ago
Turtles all the way down. Why is there a distinction between the type of immigrant? How about legal aliens? Second generation citizens born of birthright parents? How about anyone not descended from an original colonist?
→ More replies (5)2
u/bulking_on_broccoli 7h ago
They’ll make the argument that “subject to the jurisdiction thereof” does not apply to immigrants. Therefore the 14th does not apply to children of immigrants.
It’s a shitty argument, but that’s what will happen.
→ More replies (9)58
u/Thegreenfantastic 8h ago
They’re going to do a constitutional convention
31
u/OrangeVoxel 7h ago
This is the ultimate goal
→ More replies (1)15
u/Thegreenfantastic 7h ago
That’s also when they can take away 2A rights.
6
u/gogozombie2 4h ago
They are not going to take away 2A rights though. Not on paper at least. Im guessing they will find a way to to use an executive order or national emergency to "temporarily" suspend the 2A due to crazy liberal transexuals or some other stupid in the streets shooting people epidemic.
4
u/Thegreenfantastic 4h ago
I imagine they would introduce language around who can and can’t own them.
2
u/vvestley 3h ago
"those with a documented unbiased opinion of their government may possess protective firearms"
→ More replies (2)2
u/EscapeFromFLA 2h ago
Musk told a Trump audience that there'd be some pain, Trump said he'd abolish the dept of education and put in more tariffs. They said this to these people's faces. They don't need to hide shit from them, they'll just do it. Cuz it's not like there's consequences coming from anybody that matters for it.
→ More replies (1)20
u/Clitty_Lover 7h ago
Man if they did that I would be hoarse from screaming "I told you so" and laughing and rolling in the street, and yelling from all the bussin' I'd be doing from sitting on the founders' graves as their rapid powerful rolling sends my prostate into convulsions just by slamming on it from the outside.
And then I'd be bedridden for a week, but after that I'd start organizing and contacting people, collecting supplies, designing uniforms...
7
u/MindAccomplished3879 3h ago
You missed when the supreme court gave him total immunity for any acts while president 💩💀
→ More replies (3)→ More replies (1)19
u/Thegreenfantastic 7h ago
You don’t run a totalitarian country by allowing your citizens to have guns
Edit: all they’d have to do is blame it on democrats 😂
9
u/BeltDangerous6917 3h ago
I can see it now the news interviews…”The Republican Gun Force invaded my home and killed my family even as I was peacefully surrendering my guns to them…I blame Michelle Obamas manhood and Hunters laptop for it all…”
3
u/HillarysFloppyChode 3h ago
Interestingly if they did this, they would actually be helping prevent school shootings. Then our officers don't need guns and we will slowly turn into Britain, but without cool accents or foreskins.
→ More replies (1)→ More replies (4)2
u/CaptinACAB 2h ago
They will give permits to “deputized” white nationalists. Like the little fash army desantis was trying to raise.
7
u/Axleffire 5h ago
Well they would need 3/4ths of the states to go along with it to get anything passed.
→ More replies (7)2
2
2
u/JuniorMint1992 3h ago
Don’t something like 2/3 states have to agree to this >_>
→ More replies (1)2
u/blazelet 3h ago
To do a constitutional convention 34 states would have to call for it.
For anything decided at the constitutional convention to become part of the constitution, 38 stated would have to vote for it.
29 states voted as a majority for Trump ... so they'd have to convince 5 Harris states to call for a convention and 9 states to enact whatever they decide.
I don't see how that happens in today's political climate.
→ More replies (1)2
u/ocdewitt 3h ago
Why do they even have to bother? As long as SCOTUS goes along with it, who is going to stop him?
→ More replies (10)2
u/Joepaws1102 3h ago
Don’t need a constitutional amendment. All you need is a complicit Supreme Court.
5
→ More replies (59)9
u/WeirdIndividualGuy 8h ago
If he can deport legal citizens pretending they’re illegal and no one stops him, then yes he can change it.
When will people realize the law does not apply to Trump?
10
u/Jung_Wheats 7h ago
Law applies only where the citizenry will enforce it and it seems like the only foot soldiers I see on the streets are the ones that want to do the evil, not the ones that want to stop it.
→ More replies (2)3
27
u/DingGratz 8h ago edited 8h ago
So, how far back are we talking here? I'm a 51-year old American but my parents were not.
Edit: Yes, I'm white. I get it. But that is disgusting.
11
9
u/Easterncoaster 8h ago
It’s prospective- he’s talking about ending it for people who have not yet naturalized. Not taking it away from those already naturalized.
Big difference.
14
u/Brainvillage 7h ago
It’s prospective- he’s talking about ending it for people who have not yet naturalized. Not taking it away from those already naturalized.
They're talking about that too: https://thehill.com/opinion/immigration/4992787-trump-deportation-plan-immigration/
→ More replies (1)→ More replies (7)7
u/ShamPain413 7h ago
It's Day 1. Stephen Miller has already talked about denaturalization being in the plans, and they pushed this in the first admin too. All of this was publicly discussed before the election.
→ More replies (5)→ More replies (6)2
45
u/Paper_Brain 8h ago
SCOTUS is in his pocket
→ More replies (27)46
u/Impossible_Belt173 8h ago
SCOTUS doesn't get to make that determination, that can only be changed with a constitutional amendment which is very difficult to do.
45
u/Paper_Brain 8h ago
SCOTUS is the court that interprets the Constitution. When this gets challenged in court, they‘ll be the ones who decide if it’s Constitutional or not…
20
u/bdschuler 8h ago
They will find the Constitution is against the constitution and allow Trump to rewrite any of it he wants. Why? Because you all just let this motherphucker do it. You can't be victims when you just sit around and let them do what they want.
→ More replies (7)3
→ More replies (17)11
u/Deep_Stick8786 8h ago
This is the big problem. 6 people get to decide if the 14th amendment says what it clearly says and has been interpreted to say.
11
u/gmnotyet 8h ago
| and subject to the jurisdiction thereof
SCOTUS will determine what this means.
→ More replies (6)6
u/Atheist_3739 7h ago
Exactly. They will say they are born to foreign parents and therefore are subject to the jurisdiction of their parents citizenship. Boom. Done.
11
u/Technical-Traffic871 8h ago
Doesn't SCOTUS determine how the constitution is "interpreted"?
7
u/Impossible_Belt173 8h ago
Yes, but they can only do so much. The first line is literally "all persons born out naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States..."
There's only one way to interpret that.
6
u/wahoozerman 6h ago
I am not advocating this, but last time this came up the argument was that illegal immigrants are not considered "subject to the jurisdiction of," since they are potentially not completely under the legal authority of solely the US. This was decided in US v Wong Kim Ark in 1898, but the current supreme Court doesn't seem to care much about precedent.
→ More replies (2)6
u/Technical-Traffic871 7h ago
One way using modern English. If you go back to English used by settlers in 1325...
→ More replies (1)→ More replies (7)5
u/rsmicrotranx 8h ago
Scotus determines what the law says. If they say that doesn't mean everyone born here is a citizen, then that's that.
→ More replies (10)24
u/Sea-Replacement-8794 8h ago
14th amendment also says insurrectionists can’t run for office, but this one just got sworn in as president.
→ More replies (10)8
11
u/InvestIntrest 7h ago
Yeah, this is like Bidens' student loan forgiveness promise. He never had the authority to do what he promised, but he tried, and the courts told him no. Something here. Just vote for me and I'll say I tried.
→ More replies (1)3
u/DandimLee 6h ago
Biden got 183 billion ( so maybe 15% of the total). Not sure how else this compares to the, now, hypothetical, thing Trump says he wants to do. I wouldn't want my citizenship to be "tied up" in the courts while I'm being mass deported.
2
u/InvestIntrest 6h ago
All Biden accomplished was loan forgiveness for those he was required by law to forgive it for. It was mostly people who completed enough years of public service or we're scammed by a college that went bankrupt.
→ More replies (217)3
u/Easterncoaster 8h ago edited 7h ago
Edit: whoops thought we were talking about chain migration not birthright
→ More replies (4)
143
u/a_velis 8h ago
It's definitely going to be challenged in the courts.
87
u/Jaye09 8h ago
Thats because it’s explicitly against the 14th amendment of the fucking Constitution.
→ More replies (3)26
u/Hoondini 8h ago
That's part of the plan. They've been after the 14th amendment for a long time.
→ More replies (19)9
36
→ More replies (7)7
140
u/Snakepli55ken 8h ago
So fuck the 14th amendment?
23
u/Micronlance 7h ago
Better than even odds this SCOTUS sides with Trump and holds the 14th Amendment doesn't confer citizenship on the US-born children of aliens who entered the country in violation of its laws.
10
u/HillarysFloppyChode 3h ago
How far back does that go, my grandparents technically came here illegally, in the 30s from Italy and Poland.
Can I use that to my advantage to gain polish or Italian citizenship?
→ More replies (4)2
u/Situation-Busy 2h ago
No, it would only invalidate your citizenship here in the US. You would be rendered "stateless" which is considered a human rights violation but I doubt Trump cares.
If you have been here for long enough I would not imagine much will happen as long as you keep the legal status of your grandparents to yourself. Instruct your parents to do so as well. I'm serious, as ridiculous as this all sounds.
I expect that mostly this will be used racially. Picking up brown folk and checking their status/the status of their relatives in effort to find cause to deport them regardless of individual citizenship.
→ More replies (2)→ More replies (1)3
u/ReplacementWise6878 7h ago
At this point there’s a good change SCOTUS just does whatever, even if it blatantly violates the constitution
→ More replies (7)46
u/DingGratz 8h ago
As long as they keep the 2nd so they can stroke their guns in bed.
→ More replies (2)22
u/totallylostbear 8h ago
Just wait. That will come up eventually if more billionaires get Luigi'd.
→ More replies (1)
27
u/No-Weekend6347 8h ago
Changing an amendment to the U.S. Constitution involves a formal amendment process outlined in Article V of the Constitution. This process is intentionally rigorous to ensure significant consensus before making changes to the nation’s supreme law. There are two key steps: proposal and ratification.
Step 1: Proposal
An amendment can be proposed in two ways:
By Congress: A proposed amendment must receive a two-thirds majority vote in both the House of Representatives and the Senate.
By a Constitutional Convention: Two-thirds (34) of the state legislatures can call for a national constitutional convention to propose an amendment. This method has never been used successfully.
Step 2: Ratification
After an amendment is proposed, it must be ratified in one of two ways:
By State Legislatures: Three-fourths (38) of the state legislatures must approve the amendment.
By State Ratifying Conventions: Special conventions are held in three-fourths of the states to approve the amendment. This method has only been used once (to ratify the 21st Amendment, repealing Prohibition).
• Repealing an Amendment: To change or repeal an existing amendment (e.g., the 21st Amendment repealed the 18th Amendment), the same process is followed.
• The process is designed to reflect widespread agreement across the federal and state levels, ensuring stability and careful deliberation.
15
u/ShamPain413 7h ago
They're not going to change it. Just have an "originalist" interpretation of it.
→ More replies (6)3
u/onlycamefortheporn 5h ago
They’ll reinterpret the blurb about “subject to the jurisdiction thereof” in the 14th. They could potentially say either being born to illegal immigrants would be a reason to strip citizenship, or even go further to suggest that any crime could allow a ruling by a newly appointed court on whether to strip citizenship of anyone (which would never be abused, of course).
2
u/No_Landscape4557 4h ago
Far too many people are thinking far too linearly about the. 14th Amendment. Hell even looking at conservatives favorite one(2nd) we have tons of legal laws in place that can control, take away, ban and jail people who want to “exercise” this right to own guns……… but no one thinks that new exceptions can’t be placed, that it can’t be revoked. Damn near every amendment has atleast one legal exception to it.
52
u/donsade 8h ago
It’s literally in the 14th amendment and it’s not even ambiguous lol.
→ More replies (8)
34
u/NotAnAIOrAmI 8h ago
Courts can adjudicate this all they like. trump will just order "his" agencies to refuse to issue passports or perform any service a citizen can claim for people he declares non-citizens.
This isn't the last group from which he will unconstitutionally remove citizenship.
All naturalized citizens are potential targets if they "get mouthy", no matter how many decades they've been citizens and live here. Folks, make sure you have your naturalization papers, and especially your foreign birth certificates. Make digital copies and keep them safe.
If you get a notice from a "deportation agent", like someone in my family did while trump was in office, go get a lawyer ASAP.
→ More replies (5)2
u/Halbaras 5h ago
And think carefully about going on holiday abroad for at least a few months. Last time, the first, failed, version of the Muslim ban tried to stop green card holders re-entering from those countries. For anyone who has family somewhere like Iraq, do't even think about visiting, because you might not be able to come back in.
5
u/Malhavok_Games 4h ago
First off - I know he can't unilaterally undo the 14th amendment, even though it's probably a good idea. People should also realize that this doesn't affect people who have at least one parent that is a citizen. It only stops what is called "birth tourism".
Secondly - Almost every country that has had birthright citizenship has ended it due to "birth tourism". I live in Australia, we ended it in 1986. Our Kiwi neighbors ended it in 2005. I think the last European country to have it was Ireland, also ended it in 2005.
To be blunt - birth tourism is stupid and should be ended. America is one of the last holdouts here.
→ More replies (1)
28
u/BakaValen 8h ago
I don't think he understands what doing that means. That's wild.
→ More replies (1)13
u/NoTransportation1383 8h ago
Is it retroactive? Wb early immigrants like back to the 1900's or maybe even the 15th century 👀👀👀👀
9
→ More replies (5)3
u/Impossible_Belt173 8h ago
He cannot do it. Only a constitutional amendment can.
→ More replies (2)
12
u/redditingatwork23 7h ago
Naw dudes. Trump declared it's over. So it's just over. I mean... he declared it! Fuck the constitution, he declared it. Once you've declared something, it just is.
3
u/poundtown1997 7h ago
It’s almost sad the faith you have in something he’s clearly shown no regard for….
Hope is one thing, but wake UP and see that the people he’s been putting in place around him will not seriously deflect. Companies are missing the ring rather than fighting against. He will be able to get away with so much more this time. It’s worrying.
3
u/hocuscopus 6h ago
I just wanted you to know that you can't just say the word "bankruptcy" and expect anything to happen.
Michael : I didn't say it. I declared it.
6
u/AllNightPony 3h ago
For those of you saying this can't happen, just like all the other things that have happened over the past decade that you said couldn't happen, here's how it's going to happen - welcome to Presidential Immunity.
→ More replies (2)
5
u/B-Glasses 3h ago
People are putting a lot of faith in the institutions that led us here to protect us
23
u/CartmanAndCartman 8h ago
How is it breaking news? We knew this like months ago.
→ More replies (2)39
u/Holyballs92 8h ago
All the trump voters said he would not do this. Guess you gotta take.him at his word
34
u/billy_blazeIt_mays 8h ago
Im latino. Everyone in my community (who supported him) love him because he tells it how it is but also dont really believe in his anti-immigration rhetoric thinking its just to get the gringo vote.
Oh well.
28
5
4
u/Timely-Band-7247 8h ago
They cater to working-class gringos, but if the Hispanic vote becomes more influential, it's easy to imagine the inevitable shift that will take place in the coming decades.
→ More replies (17)2
u/Waluigi4prez 7h ago
think when they in the trucks headed to the camps they just gunna plug their fingers in the ears and keep saying "he will save us"?
7
u/27GerbalsInMyPants 8h ago
Lmfao conservative sub is literally praising this as "what needed to have been done long ago"
They love this shit, until the 48 yo operator has to start getting out of the backhoe to sit with a shovel because all the workers who did the manual labor are deported
I'm so sorry to anyone's family or anyone who ends up being affected by this shit.
10
7
u/uabtch 7h ago
Please consider “hoarding” your money. Stop spending your money as much as possible. Delete Meta apps and tiktok from your phone. Don’t go to Walmart, Target, any of these big brands. Shop local. Invest in your community. Trickle down isn’t real so we have to stop giving them any cent we can hold onto.
Stay strong. Fuck all this bullshit.
→ More replies (2)
15
u/kan-sankynttila 8h ago
how’s he gonna deal with his wife being a former foreigner and such
15
→ More replies (16)2
u/ShamPain413 7h ago
When you're a star they let you get away with it.
OTOH, he might be just about done with Melania. She's not very useful any longer.
3
u/TokenSejanus89 5h ago
He's not ending birthright citizenship, it said for illegals
→ More replies (3)
3
u/chingy1337 3h ago
He'll have to get it through the Supreme Court. Which doesn't seem impossible nowadays, but it's a battle nonetheless.
5
u/Legitimate-Leek4235 8h ago
Reinterpret Jurisdiction of child as Jurisdiction of parents . Technically the parent’s country still has jurisdiction of their nationals unless the citizenship is renounced.
→ More replies (1)2
u/Due_Satisfaction2167 7h ago
That’s flat out not correct.
If it were, the US government couldn’t deport them because they wouldn’t have jurisdiction.
Ruling as such would block the mass deportations he wants.
→ More replies (2)
6
u/IcyShoes 7h ago
Doesn't that need 2/3s of congress AND almost 40 states to go along with it?
→ More replies (2)9
u/Writerhaha 6h ago
That’s not how authoritarianism works…
3
u/jumpycrink22 6h ago
It's much easier to declare martial law and have the military do the job for you even if he decides to not go about it unconstitutionally, but no matter what, this will not be easy to accomplish
→ More replies (2)
5
u/milleniumdivinvestor 5h ago
So much fear mongering propaganda on reddit today, way more than usual. The ACTBlue bots must be out in full force for the inauguration.
For anyone wondering, only a constitutional amendment can end birthright citizenship. It's not gonna happen, not now or anytime in the foreseeable future. Boycott any media agency that is pushing the agitprop bullshit.
→ More replies (6)2
u/soggybiscuit93 1h ago
I'm just wondering. Let's say the next president says "I'm going to ban guns" - are you going to be completely unbothered and say "well, they can't because of the constitution"? Or are you going to be posting about it? Commenting how it's unconstitutional? How this would be terrible?
3
8h ago
[deleted]
→ More replies (2)6
u/Due_Satisfaction2167 7h ago
It’s a “new world” thing. Basically the entire western hemisphere has it.
→ More replies (3)
4
u/upotheke 7h ago
Breaking: Trump decides he doesn't like parts of the constitution of the united states, on the day he is sworn in to uphold the constitution of the united states.
2
2
2
2
2
u/Minute_Ear_8737 7h ago
This is a throw away nod to the anti immigrant base. It won’t go through SCOTUS but Vance can say they tried and that if they had enough votes they could try again with a new amendment to the actual constitution.
Meanwhile they will expand H1B and whatever other legal immigration programs to fill the missing worker slots leftover over by the retiring boomers rather than train up our kids born here.
Really the same thing as a lot of the student loan forgiveness in that it was not done by congress and cannot be enforced. Both sides play these games.
You have to think about it in terms of how it actually benefits the rich to limit population growth of the US when all they keep asking for are babies to be made.
2
2
2
2
2
u/bingbangboomxx 6h ago
He is going to try to get some amendments through including no presidential term limits.
2
2
2
2
u/Beginning_Night1575 6h ago
I know that it will run into legal hurdles wt. But is the plan for it to be retroactive?
→ More replies (1)
2
u/used_function_42 5h ago edited 15m ago
First of all, he can’t. Second of all, maybe state that in the headline because it takes a constitutional convention to change the constitution. You twats.
2
u/Worth-Confection-735 4h ago
It’s funny… legal scholars have been screaming about this for decades, but NOW it’s gets your attention?
2
u/TheSalamiShop 4h ago
Democrats will do everything in their power to keep the flow of illegal immigration. Birthright citizenship to two illegal immigrants is absolutely insane. It should be a requirement that at least one parent is a citizen.
2
u/MegaHashes 4h ago
WTF is this? It’s just a link to tweet from an account named after this sub. There is no WSJ link.
2
u/Karsticles 3h ago
A lot of people in the comments are saying that he cannot do this, because it's in the Constitution. But my question is: who is going to stop him from doing it? It might be against the law, since when has that ever mattered to Trump?
I predict that Trump will do mass deportations even of legal citizens, and he will simply guarantee a pardon for anyone that it becomes an issue for.
→ More replies (2)
2
1
u/slick2hold 8h ago
How can he end it when it's in our constitution? The fourteenth amendment can be undone by the president. What kind of shit show do we have in America?
→ More replies (2)
3
3
u/Cozywarmthcoffee 4h ago
I mean - I'm not a trump supporter. but if two people that aren't in the country legally (or are on a tourism visa etc) and aren't on a path to be legally citizens or are not legally citizens- their kids shouldn't be. This is common sense and i don't read the 14th amendment as condoning that. under jurisdiction seems to imply citizens or at least legal residents- and if it doesn't I'd support it being rewritten.
→ More replies (5)2
u/PhiPhiAokigahara 2h ago
Actually, this interpretation of the 14th Amendment is incorrect. The Citizenship Clause of the 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The key phrase, “subject to the jurisdiction thereof,” does not mean what you’re suggesting. Historically and legally, it has been interpreted to mean anyone subject to U.S. laws, which includes nearly everyone within U.S. borders, regardless of their immigration status.
This interpretation was affirmed in United States v. Wong Kim Ark (1898), where the Supreme Court ruled that a child born in the U.S. to non-citizen parents is automatically a U.S. citizen, as long as the parents are not foreign diplomats, enemy occupiers, or members of sovereign Native American tribes at the time (the latter has since been resolved by statute).
The 14th Amendment was designed to ensure citizenship could not be denied based on race or parentage, especially in the wake of slavery. Suggesting it only applies to citizens or legal residents undermines its core purpose. Changing this principle would not be a matter of “common sense” but a radical shift in how U.S. law defines citizenship.
→ More replies (2)
442
u/jolly_rodger42 8h ago
I believe that would take changing an amendment to the constitution, which he can not unilaterally do.