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Can the president with an executive order override the constitution. (1 Viewer)

WisconIndependent

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I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?
 
I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?
No
 
But trump seems to believe he can, because he's not going to wait for the United States Supreme Court to make a determination.


...President-elect Donald J. Trump has vowed to overturn territorial birthright citizenship. “We’re going to have to get it changed,” he told NBC News during his first extended interview after winning the election in November. “We’re going to end that because it’s ridiculous.”

Trump has said that he will release an executive order denying birthright citizenship to the children of “illegal aliens” on the first day that he takes office. Members of his team have told The New York Times that his administration will not issue passports and Social Security cards to children born to undocumented parents.
These moves will inevitably be challenged in court, where the fate of birthright citizenship is likely to be decided....
 
But trump seems to believe he can, because he's not going to wait for the United States Supreme Court to make a determination.


...President-elect Donald J. Trump has vowed to overturn territorial birthright citizenship. “We’re going to have to get it changed,” he told NBC News during his first extended interview after winning the election in November. “We’re going to end that because it’s ridiculous.”

Trump has said that he will release an executive order denying birthright citizenship to the children of “illegal aliens” on the first day that he takes office. Members of his team have told The New York Times that his administration will not issue passports and Social Security cards to children born to undocumented parents. These moves will inevitably be challenged in court, where the fate of birthright citizenship is likely to be decided....
It’s meaningless. He has no ability to do so.
 
It’s meaningless
Not to trump and his Administration.

...Members of his team have told The New York Times that his administration will not issue passports and Social Security cards to children born to undocumented parents....

If THIS becomes the practice, the lack of passports and Social Security cards will sure as hell be meaningful.
 
I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?
Yes.

For any situation where one wonders whether X can do Y, the thing you need to ask yourself is, who's going to stop X?

So, yes, Donald can issue such an executive order. Then, he can demand that all departments that are part of the federal bureaucracy--which report to him--cease to continue the practice or recognize birthright citizenship. Who's going to stop him? SCOTUS? SCOTUS is 9 middle aged to elderly people with no enforcement power. Congress? They've made it clear that what Donald wants, he gets. The armed forces? They report directly to Donald Trump as well.

So, yes, he can end birthright citizenship with an executive order, because there is no one who can tell him no and has the teeth (or guns) to back up their position.

This is why everybody in my family including one sibling who is a birthright citizen applied for passports the week after the election and I'm happy to say that things were processed quickly and they all came in over the winter holidays. We were worried that starting January 20, Trump would forbid the issuance of passports to any US citizen who has birthright citizenship--and there is nothing anybody can do to stop him.
 
Not to trump and his Administration.

...Members of his team have told The New York Times that his administration will not issue passports and Social Security cards to children born to undocumented parents....

If THIS becomes the practice, the lack of passports and Social Security cards will sure as hell be meaningful.
This i agree with.
 
SCOTUS has to approve it.
 
Yes.

For any situation where one wonders whether X can do Y, the thing you need to ask yourself is, who's going to stop X?

So, yes, Donald can issue such an executive order. Then, he can demand that all departments that are part of the federal bureaucracy--which report to him--cease to continue the practice or recognize birthright citizenship. Who's going to stop him? SCOTUS? SCOTUS is 9 middle aged to elderly people with no enforcement power. Congress? They've made it clear that what Donald wants, he gets. The armed forces? They report directly to Donald Trump as well.

So, yes, he can end birthright citizenship with an executive order, because there is no one who can tell him no and has the teeth (or guns) to back up their position.
and
Does not matter. TRump will pay no attention to the Constitution and no one will stop him.
BINGO.

This is today's reality.
 
Not to trump and his Administration.

...Members of his team have told The New York Times that his administration will not issue passports and Social Security cards to children born to undocumented parents....
This is illegal.
If THIS becomes the practice, the lack of passports and Social Security cards will sure as hell be meaningful.
The meaning will be that MAGA can ignore the constitution. That we are no longer under the rule of law.
 
This is illegal.
Great. Who's going to arrest someone for this illegal activity?

Not the police. Not the military. Certainly not Congress or SCOTUS. Not the FBI, CIA or NSA. Not the Secret Service.

So, who actually stops Donald from simply ceasing the issuance of passports to people he doesn't like?
 
If SCOTUS rules illegal aliens aren’t “subject to the jurisdiction” then no illegal alien can be prosecuted for any crimes they commit. An illegal could assassinate Trump and the only thing that could legally be done is to deport them.
 
This is illegal.

The meaning will be that MAGA can ignore the constitution. That we are no longer under the rule of law.
MAGA already believes trump and his people can ignore the Constitution. Ditto the rule of law.

What trump and MAGA have made clear is this: with a compliant/subservient Legislative Branch, there's no way to force a President to follow the Constitution or the rule of law.
 
Trump's bull shit is just an equally big pile as Biden's bull shit regarding the ERA.
 
What can states do, in this instance?

States don't issue passport or Social Security cards.
They can do anything that they want now. The person who won was disqualified by the fourteenth amendment. The SCOTUS decreed that he wasn't and invalidated the exclusion clause in the process. Another part of the fourteenth says that there's birthright citizenship. The SCOTUS could invalidate that, too. States could invalidate it, and the SCOTUS could choose to do nothing about it or even approve it. This is the dynamic.
 
I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?

...Pam Bondi, Donald Trump’s nominee for the next U.S. attorney general, refused to give a basic yes or no answer, during her confirmation hearing Wednesday, regarding her views on birthright citizenship, which is etched into the Fourteenth Amendment of the Constitution.

“You’ve testified repeatedly to this committee that you will uphold the laws of this country and defend the Constitution of the United States,” said Democratic Senator Alex Padilla. “Do you believe birthright citizenship is the law of the land, and will you defend it regardless—a child born of the United States—regardless of their parents’ immigration status?”

Bondi refused to answer the question. “Senator, I will study birthright citizenship, I would love to meet with you regarding birthright citizenship—”

“Ma’am, you’re asking to be considered to serve as the attorney general of the United States, and you still need to study the Fourteenth Amendment of the Constitution?” Padilla retorted. “That is not helping me have more confidence in your ability to do this job.”

Bondi’s nonanswer is deference to President-elect Trump, who said he’d end birthright citizenship via executive order on Meet the Press in December....
 
I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?
It's just like when the Biden pukes violated the law with their student loan EO's. They did it. People objected. It went through the courts...and the Supremes slapped down the EO's.

When Trump issues his EO ending birth right citizenship someone will object. It'll go through the courts...and eventually, the Supremes will rule on the issue.

This has nothing to do with Trump trying to "override the constitution". It's about settling once and for all whether people should be allowed to come to the US...whether legally or illegally...for the purpose of giving their children American citizenship simply because the woman gave birth on US soil.
 
I just read that one of the executive orders that Trump will release tomorrow will end birth right citizenship. Now birth right citizenship is written into the constitution. So, can the president just override the constitution and take away birth right citizenship? I know that the right wing hates birth right citizenship, but is this in anyway legal and would even this SCOTUS approve such a move?
It's a ploy to get birth right citizenship defined. It was intended and designed to deal with children born by slaves at the end ov the Civil War. No rational thinker can support the "drop it, it's a citizen" crap the looney left is praying for.
 

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