The Daily Populous Thursday November 21st, 2024 morning edition
Authored by newrepublic.com and submitted by Quirkie

It is worth clarifying what exactly this means. The Trump administration would not be “ending” birthright citizenship by taking those steps. It would instead make it far more difficult for the children of undocumented parents to later prove that they are U.S. citizens if that citizenship is challenged in court. The Constitution, not the Department of Homeland Security, is what automatically makes people born on U.S. soil into American citizens.

The legal and constitutional reality is that Trump cannot actually end birthright citizenship on his own. But he seems keen on forcing a case that would potentially give the courts an opportunity to do it for him, perhaps through manipulating the documentary process. Succeeding would require the Supreme Court to rewrite the Fourteenth Amendment and overturn almost two centuries of precedents—something it’s already shown a willingness to do.

Any discussion of birthright citizenship begins with the most infamous case in Supreme Court history. Dred Scott, an enslaved Black man, sued for his freedom in federal court in 1853. He argued that because he had been taken to the Wisconsin Territory, where slavery was not legal, he had thus become a free man upon his arrival there. The dispute reached the Supreme Court four years later in 1857.

Kink4202 on November 20th, 2024 at 19:19 UTC »

When is musk getting deported?

piratecheese13 on November 20th, 2024 at 19:00 UTC »

Man, if the Supreme Court rules a constitutional amendment as unconstitutional, we’re gonna have some real problems

jimbiboy on November 20th, 2024 at 18:59 UTC »

What part of ”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” is unclear. The Supreme Court did make an exception for the children of diplomats born here but I don’t think there are other exceptions.