this post was submitted on 19 Nov 2024
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politics

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[–] TransplantedSconie@lemm.ee 25 points 4 hours ago

Can he end it? Probably not.

Can he sweep up US citizens in his quest to destroy our economy, food supply, and housing?

Absolutely

[–] AnarchoSnowPlow@midwest.social 41 points 6 hours ago (2 children)

"Though it’s impossible to say what the Supreme Court may ultimately decide, history and precedent isn’t on Trump’s side."

"Hold my beer squee"

[–] affiliate@lemmy.world 1 points 6 minutes ago

i can understand history not being on trumps side, but i don’t understand how “precedent” is not on his side. the precedent from the last several years is that the supreme court does not care too much about “precedent”.

[–] nutsack@lemmy.world 7 points 4 hours ago

History and precedent suck this guy's balls constantly

[–] meeeeetch@lemmy.world 15 points 6 hours ago (2 children)

With 2/3 of the Senate, 2/3 of the House, and 3/4 of the states' legislatures.

[–] Nightwingdragon@lemmy.world 9 points 4 hours ago

LOL, how cute. You think that still matters.

Nothing stopping both houses from just reducing the threshhold because fuck you that's why, getting Trump to sign off on it, then getting backing by the Supreme Court. Sure, that's completely at odds with the Constitution, but who's left to enforce it?

We already know that at least half the states will just blindly go along with it and say it's to control immigration, or just because MAGA, or because fuck you that's why. Threaten the rest with withholding of all federal funding until they get on board and watch how many fall in line. Sure, that's even more highly illegal, but again......who's going to stop them? Laws don't mean shit if there is nobody willing or able to enforce them.

[–] disguy_ovahea@lemmy.world 8 points 6 hours ago* (last edited 6 hours ago) (2 children)

Republicans have just over 50% of the Senate and the House. They don’t have a 2/3 supermajority.

They’ll still pass the legislation by voting in a block, but they can’t push it through without a vote if they don’t have a supermajority.

[–] BradleyUffner@lemmy.world 3 points 1 hour ago

They have the supreme court, which basically allows them to interpret laws anyway they want. Why bother with an the work of changing laws when they can just reinterpret them?

[–] osaerisxero@kbin.melroy.org 17 points 6 hours ago (2 children)

2/3rds 2/3rds and 3/4ths are the requirements for a constitutional amendment, which is the requirement to change the citizenship granting mechanism for the country.

Or for SCOTUS to just decide the words mean something different now like a true 'originalist'

[–] disguy_ovahea@lemmy.world 4 points 6 hours ago* (last edited 6 hours ago) (1 children)

Oh, I misunderstood.

Yes, that’s if he intends to amend the Constitution. Lucky for him, he can deviate from the Constitution all he wants without repercussions, since the Republican controlled Congress will not hold him accountable to the document, and the conservative SCOTUS will not overturn an unconstitutional law.

[–] Zak@lemmy.world 1 points 5 hours ago (1 children)

the conservative SCOTUS will not overturn an unconstitutional law.

I think you might be surprised here. Conservative judges are inclined to follow the plain meaning of the text of the Constitution at the time it was written. There's not much wiggle room in this:

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.

[–] Nougat@fedia.io 9 points 5 hours ago (1 children)

They just need to redefine "persons."

[–] Zak@lemmy.world 1 points 5 hours ago (1 children)

I could imagine them trying to include corporations... but seriously, Constitutional textualism is a cornerstone of what it means to be a conservative judge. They're pretty content to ignore or reverse precedent, but not to get creative about something spelled out plainly in the Constitution.

[–] Nougat@fedia.io 9 points 5 hours ago (1 children)

... but not to get creative about something spelled out plainly in the Constitution.

And yet, presidents now have extremely wide criminal immunity.

[–] Zak@lemmy.world 1 points 4 hours ago

There's nothing in the text of the Constitution that says they don't.

Like most sane people, I think that decision was overly broad and has dangerous implications. On the other hand, if Congress could make crimes about Article 2 powers, that would effectively allow Congress to take those powers for itself by statute, overruling the Constitution's assignment of them to the president.

[–] procrastitron@lemmy.world 2 points 5 hours ago

Their plan is to claim that the children of undocumented immigrants are somehow not “subject to the jurisdiction” of the United States and therefore not granted citizenship based on the 14th amendment.

Yes, it really is as stupid as it sounds; claiming that undocumented immigration gives your descendants the equivalent of diplomatic immunity.

[–] ASDraptor@lemmy.autism.place 3 points 5 hours ago (1 children)

It's gonna be fun if they crack down on immigration and someone argues that kethamine karen is not american and has to go...

[–] irreticent@lemmy.world 7 points 5 hours ago* (last edited 5 hours ago) (1 children)

Fun fact: Elon Musk was an illegal immigrant

The reason this is relevant is because he has spent the better part of a year complaining about “illegal immigrants” who are “invading” the country. But an old video from 2013 resurfaced on Saturday that appears to show the billionaire admitting he was at one point building his small business in the country illegally, describing it as a “gray area.”

"Musk called his immigration status a 'gray area' while discussing the 1990s."

**Edit: Here is a link to the video set to the timestamp where he discusses it.

[–] randon31415@lemmy.world 2 points 2 hours ago (1 children)

Another fun fact is Trump's wife was as well.

[–] irreticent@lemmy.world 1 points 1 hour ago

And his rhetoric around "anchor babies". Such hypocrisy.