this post was submitted on 12 Nov 2024
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Summary

Donald Trump has pledged to end birthright citizenship through an executive order if re-elected, targeting the 14th Amendment’s provision that grants citizenship to all born in the U.S.

Critics argue this policy would defy the Constitution, specifically its post-Civil War intent to ensure citizenship for former slaves.

Legal experts widely agree that the Amendment’s language includes children born to undocumented parents, but Trump’s proposal could lead to an immediate legal battle.

The policy would require federal agencies to verify parents’ immigration status, complicating access to Social Security numbers and passports for U.S.-born children.

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[–] SeattleRain@lemmy.world 5 points 1 week ago (1 children)

To be fair the 14th amendment was really only intended to give freed slaves citizenship. Which is something I'm sure the Supreme Court will cite as part of "original intent" they justify so many rulings with.

[–] Nightwingdragon@lemmy.world 7 points 1 week ago (1 children)

"Actually, we find that the 14th amendment really only applies to foreign white people, as the original founding fathers were slave owners who did not view either black or native american people as actual people, and certainly would not have granted them citizenship. Given the original intent of the Founding fathers, not only do we rule that the 14th amendment only applies to foreign white people, but we are simultaneously invalidating the Civil Rights act of 1964, reversing the previous Supreme Court ruling in Brown vs. Board of Education, and striking down the 19th amendment as an unconstitutional violation of the original intent of the Founding Fathers."

-- This supreme court, very possibly.

[–] SeattleRain@lemmy.world 1 points 1 week ago* (last edited 1 week ago) (1 children)

So were the 1800's wave of European immigrants, that most white americans descended from, mostly naturalized or did they just use the 14th amendment too? I'm not be factious, I actually don't know but always assumed it was the former.

[–] Nightwingdragon@lemmy.world 1 points 1 week ago (1 children)

Well, it was the 1800s, so I'd be willing to bet that the vast majority of the time they just took the person's word for it in the rare situations where it mattered, and how successful you were was probably based on how rich and white you looked. Think of it......how the hell was someone in Atlanta, Ga. supposed to prove or disprove whether the man standing in front of him was or wasn't born in Boston, Ma? It's not like they could call and verify or something. Probably little more than "Yeah, you look like you could be from Boston. You're good."

[–] Rivalarrival 2 points 1 week ago (1 children)

It was the state's burden to prove otherwise.

[–] Nightwingdragon@lemmy.world 1 points 1 week ago

Thank you my good man.