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Marla's avatar

Not just the 14th Amendment (which itself was written to reverse Dred Scott, one of the worst SC decisions of all time) and Wong Kim Ark (1898), but there's also a section of the US Code (8 USC #1401) which clearly spells out who is/is not a citizen.

Note: 4 out of Orange's 5 offspring were born to women who were not citizens at the time of their births. The three oldest were born prior to Ivana becoming naturalized in 1988. Barron was born prior to Melania becoming a citizen in 2006. Now, if you go to a fact-checking website, you will see that these claims are false, because Orange was born here. But, spinning his ridiculous claims out, his mother was an immigrant from Scotland. Does it matter where he was born, if birthright citizenship is done away with?

Are any of us who descended from immigrants safe?

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AlbertCamus's avatar

Going with this myself:

Section 3 of the Fourteenth Amendment prohibits former government officials from holding public office again if they have "engaged in insurrection or rebellion" against the United States government.

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Fog of Jen's avatar

If they are not subject to jurisdiction than they cannot be illegal

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Regret's avatar

It's a pity it isn't retroactive, because then it would apply to a lot of Republicans as well.

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gene108's avatar

“But if the Supremes do decide it’s somehow constitutional — which seems extremely unlikely, but it’s this Court — then sure, expect the next step to be a follow-up order stripping millions of Americans of their citizenship. ”

Republicans talked about stripping birthright citizenship in the last election. My doubt about being able to do it was how will they get a case before the courts.

Now I have my answer.

I think the SCOTUS will carve out exceptions for who gets birthright citizenship, which may be narrower than what Trump wants, but will upend society nonetheless.

And it is only a matter of time before the anti-immigration zealots start going after Americans retroactively.

Edit: Will SSA, for example, take its own sweet time in promulgating rules to deny SSN’s to new borns without proof of citizenship or will it act with the utmost alacrity? This will be a big thing in terms of the immediate impact of this EO.

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RRJKR's avatar

Jus Soli is not some recent "Liberal" fabrication. It is as old as the United States and defense of it was one of the reasons for the War of 1812 The God Emperor Trump cannot just issue royal decrees and change the fabric of our government with the stoke of a Sharpie.

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Biff52 Lost Canadian's avatar

Fuck Ted Cruz, in particular. GTFO!

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CzechJournalists's avatar

yes. fuck ted cruz.

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ElderlyLoudCatWomyn's avatar

Well, this is a minor point. But, if trumpy gets his way, children born to military members overseas would probably not be US citizens either. But why should trumpy give a fuck about the military? He already proved he doesn't give a fuck about the police assaulted and killed during his failed January 6 coup.

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Mike Wears Shorts's avatar

He thinks that we'll believe he has the power just because he acts like he does. F*CK TRUMP & authoritarians everywhere.

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Ron Spangler's avatar

I see three possible explanations:

1. He just wanted to do it and there's no one to tell him "Sir, you can't change the Constitution by executive order," or

2. He knows he can't do it, it was just more of his performative bullshit, or

3. There is a strategy, and it assumes legal challenges going all the way to the Supreme Court, where 100 years of legislative and judicial precedent won't mean a goddamn thing, and he wins.

The fact that all the Serious Pundits are saying #3 is a longshot is why I think that is exactly what is going to happen.

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Astinfert's avatar

It's not such a long shot. If Scalito says money is people and corporations are speech, those balls are striked.

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Zyxomma's avatar

Ta, Dok. WTAF?!

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AIB's avatar

What about the children of sovereign citizens who claim they are not subject to U.S. laws?

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Hank Napkin's avatar

If anyone can cancel Birthright Citizenship it is Sir. For Sir is the Father of IVF and thus knows a little something about the making of the babbies!

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Chino Cherokee's avatar

Meh...Fuck the Constitution. When are eggs gonna be $1.50/dozen?

/S

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Biff52 Lost Canadian's avatar

That's part of the IVF controversy.

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Lefty Wright's avatar

I noticed gas prices went up 15¢ a gallon in my town since Sunday.

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AlbertCamus's avatar

How much is that in Trump crypto?

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Pexas Teat's avatar

Trump Did That

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Catnmus's avatar

If they're "not subject to the jurisdiction thereof", does that mean they have diplomatic immunity and can commit all the crimes before they go?

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Lefty Wright's avatar

Only if you are a MAGA insurrectionist.

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