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The idea that you could abandon the settled constitutional doctrine of birthright citizenship with an *executive order* is particularly absurd, this was barely even a proper case at all. The president is going to change citizenship with a memo? Really?
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John Ganz
@lionel_trolling
The stupidity and rancor of the right wing meltdown over keeping the same rules on citizenship we've had for 160 years is surprising even to me
David Watson 🥑
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By making the order Trump motivates Dem orgs to sue and claim it is unconstitutional. That triggers Supreme Court review where they decide if his order does go against the constitution, and that requires them to decide what it says. Trump can only trigger the court to decide.
If anything the most alarming part is that 3 members of what should be our ultimate institution of impartiality are so ideologically driven they couldn't even rule correctly on a case this clear. Also that one of them might be replaced by someone even worse for generations.
Yeah. If a president can decide who is a citizen and who is not a citizen then we have no rights. He or she can simply remove our right to vote whenever we voice dissent to what the president is doing.
Like could President Kamala extend citizenship via EO to the children of undocumented immigrants if the 14th admement had been previously interpreted to exclude them? Absolutely not.
Part of the reason they are sperging out so hard is they can’t even find sympathy in the *dissent* for their specific views.
It's not that absurd. Congress has delegated so much substance over to the executive solely relying on norms of restraint especially in the immigration area. They need to stop doing that!
Absurd? They knew *exactly* what they were doing. They came within 1 vote of demolishing our traditional understanding of jus soli. I hope to hell one of the libs doesn't get hit by a bus this year (or Roberts/Barrett for that matter). Also, thank God we nominated Platner! /s
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The media could not be played.
I just hope the liberals will use the same logic when 2A challenges come up.
But the left has been having a meltdown over Woolford and the Court granting cert to AR bans. So let's give both left and right credit for a race to who can have the most imaginative meltdown.
You leftists love to call open legal questions “settled law.” Roe was settled. Chevron was settled. Affirmative action was settled. 2A interest balancing was settled. Anything you like is “settled” and anything you don’t like is a “rogue conservative court.” It’s pathetic.
So the president wants to rewrite the Constitution with a coffee‑stained Post‑it? Nice try.
The media could not be played.
That is why it was particularly concerning that this ruling was not 9-0. Regardless of how you feel about the merits of birthright citizenship, the President has no power to write law or interpret the constitution by Executive Order.
Can only imagine what the second EO on citizenship would have said if the first one had been legitimized
Many things have been accepted in the past and then later found to be unconstitutional when they were actually litigated. Birthright citizenship was never litigated so there needed to be a case or controversy in order for the courts to take up the matter. The EO did that
Yes, exasperatingly stupid. So was Biden going to enact the Equal Rights Amendment with a memo four days before leaving office. No really.
Yeah, actually. If the treatment of the children of aliens was always an exercise of executive discretion insofar as the executive was interpreting the Constitution, then that's absolutely the right mechanism. It depends on what the Constitution means. And as we know from
Kavanaugh said it could be changed with a vote of Congress. And that’s exactly what will happen.
Most of us would’ve been fine if they said the executive order was illegal, but Congress had the ability to define subject to the jurisdiction of , per section 5 of the 14th amendment We got told it’s a constitutional right on the merits