Can the president with an executive order override the constitution.

[uptower]

Apparently that depends who the president is. There are no laws with Republicans anymore. They make up the rules as they go.

 

[Jay59]

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?

When I saw the title, I thought this was a reference to the Biden administration's last-minute barrage of executive orders.

Instead, it is another paranoid anti-Trumper self-outing.

Good luck for the next four years. You won't understand what is going on and that is scary stuff.

 

[Pyrite]

When I saw the title, I thought this was a reference to the Biden administration's last-minute barrage of executive orders.

Instead, it is another paranoid anti-Trumper self-outing.

Good luck for the next four years. You won't understand what is going on and that is scary stuff.

So, you're okay with trump's plan to violate the Constitution by refusing to issue passports and Social Security cards to some children born in this country.

Why am I not surprised?

 

[Individual]

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.

So no student loans were forgiven under Biden?

 

[Loulit01]

So no student loans were forgiven under Biden?

Wow.

 

[JMR]

SCOTUS has to approve it.

I think he could make the order, and instruct the agencies how to enforce it. A suit would have to be brought to get the case to the Supreme Court....could take a while. But that's a game Trump loves, playing in the court.

 

[Mycroft]

So no student loans were forgiven under Biden?

Why are you asking me this? Did I say that "no student loans were forgiven under Biden"?

Seriously...quit wasting my time with stupidity.

Bye.

 

[Safiel]

8 USC 1401 states:

§1401. Nationals and citizens of United States at birth​

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

8 USC 1401 (a) clearly reiterates as statutory law what the 14th Amendment states as Constitutional law.

You are born here, you are a citizen, regardless of parentage.

The ONLY people who are NOT subject to the jurisdiction of the United States are duly accredited diplomats and visiting heads of state (who hold diplomatic protection, when visiting on official business).

If a female enters the United States illegally (and obviously not with a diplomatic passport), she is most DEFINTELY subject to the jurisdiction of the United States. Most obviously in the aspect that she can be detained and deported. If she bears a child while in the United States, that child is a citizen of the United States, period.

Trump's point of view on this is just as dumb as Biden's on the ERA.

But that is what politicians of both parties do best.

Spout bull shit.

 

[Mycroft]

8 USC 1401 states:



8 USC 1401 (a) clearly reiterates as statutory law what the 14th Amendment states as Constitutional law.

You are born here, you are a citizen, regardless of parentage.

The ONLY people who are NOT subject to the jurisdiction of the United States are duly accredited diplomats and visiting heads of state (who hold diplomatic protection, when visiting on official business).

If a female enters the United States illegally (and obviously not with a diplomatic passport), she is most DEFINTELY subject to the jurisdiction of the United States. Most obviously in the aspect that she can be detained and deported. If she bears a child while in the United States, that child is a citizen of the United States, period.

Trump's point of view on this is just as dumb as Biden's on the ERA.

But that is what politicians of both parties do best.

Spout bull shit.

The Supremes may or may not agree with you.

We'll see.

 

[Individual]

Why are you asking me this? Did I say that "no student loans were forgiven under Biden"?

Seriously...quit wasting my time with stupidity.

Bye.

I asked because your post made this claim..."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."
True or false? and be careful with your accusations.

 

[Redress]

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?

The process:

1: Trump can issue the executive order and probably will
2: The courts will almost immediately put a hold on it until the court rules.
3: The courts will rule. Most likely Trump will ask SCOTUS to rule directly(though I can see an argument why he would prefer not to do that), but otherwise it will begin the long process of rulings and appeals. Either way, SCOTUS will have final say.

It is too early in the process for hysteria over "OMG, they are overriding the constitution". It seems highly unlikely that Roberts would vote in Trumps favor on this, so the vote would, at best for Trump, be close in SCOTUS, and I tend to think the final ruling would be against Trump on this(hence why he might not push for SCOTUS to fast track the case). If I am right(as I almost always am...), the EO will never be enforced.

 

[Captain Adverse]

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?

The clause you are referring to is in Section 1 of the 14th Amendment which actually reads: "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."

Now read it carefully. It does not simply state "born in the United States," it also states "and subject to the jurisdiction thereof,..."

There have been several SCOTUS decisions regarding various aspects of the 14th Amendment. But the main case cited regarding birthright citizenship was United States v. Wong Kim Ark, 169 U.S. 649 (1898). SCOTUS held that "a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China", automatically became a U.S. citizen at birth."

In a subsequent decision Plyler v. Doe 457 U.S. 202 (1982) SCOTUS extended this to children born in the USA of parents who entered and remained illegally.

But that only applies to the children born in the USA of foreign parents. Nor does it declare that the parents have any right to remain in the USA. Therein lies the issue of "anchor babies"* An adult child of foreign parents can eventually sponsor their parents, but they have to be of legal age (21 years old) to do so.

*https://en.wikipedia.org/wiki/Anchor_baby

 

[Mycroft]

I asked because your post made this claim..."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."
True or false? and be careful with your accusations.

What I said is true, but EO's are not the only method that the Biden pukes used to try to forgive student loans. Some of their other methods worked.

 

[soap box]

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?

And another thing, I only have a US passport because I have a birth certificate from my State. Would it be that all the states would have to change their constitutions so that they denied birthright?

 

[Stealers Wheel]

SCOTUS has to approve it.

And if they don't? What are they going to do about it? Congress won't impeach him. He has immunity for all crimes he commits while performing his duties. He can tell SCOTUS to go **** themselves.

 

[Individual]

What I said is true, but EO's are not the only method that the Biden pukes used to try to forgive student loans. Some of their other methods worked.

I asked because I seem to recall some student loans were forgiven, though I'm unaware of how that was done or where the money came from.

 

[Teatime]

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?

What is the exact text of the Executive Order?

 

[joluoto]

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?

In theory: No. In practice: it's up to the Courts to stop it, and they might not.

 

[Loulit01]

I asked because I seem to recall some student loans were forgiven, though I'm unaware of how that was done or where the money came from.

The money came from the same place as the money for Trump's tax cuts for the wealthy.

 

[Decypher]

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.

I wonder which other amendments you would limit due to how they were “intended”.

 

[NatMorton]

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?

Of course not. I don't see such an order being supported in the courts at any level.

 

[ttwtt78640]

SCOTUS has to approve it.

Or what? Do you expect Trump to be impeached by the House and removed from office by the Senate?

 

[The AntiDonald]

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?

They gutted sec. 3 of the 14th A that dealt with insurrection. Why would they uphold this if MAGA want's it gone?

 

[Callen]

He can't but he'll try . We'll see just how far Trumpers are willing to let him bend the Constitution to his whims.

 

[Callen]

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.

Birthright citizenship exists in many countries. It isn't just a slavery thing.