Trump and the 14th amendment.

[Dinner]

The problem is that if you take every crackpot seriously, you end up having a non-negligible chance of doing craziness fairly often.

This should go back to not being considered... how have we as a nation gotten here?

JM

I agree we are in troubled times. That said the historical rulings that said Indians are not citizens despite being born in America (due to lack of allegiance to the U.S.) do exist and that does give a crack to claim the same applies to birth tourists and/or illegals. I mean remember when the SCotUS was ruling on if torture was allowed or if it was cruel and unusual? Suddenly century old rulings became key and the ruling proved the majority public opinion wrong. We may see that again and it would be unwise to rule it out especially given the current right wing majority.

[Dinner]

It was settled until about 2015.

I don't think that the courts should need to rule on settled law. You could argue that the fact that it is settled law is a reason not to revisit it, especially for something like citizenship.

JM

In your opinion as well as many other people's opinions (hell, even my own). The reality is if a majority of the SCotUS vote to take the case then they take the case. The big reason Repubs took such big risks and ignored pissing off majorities of the American people during the recent confirmation is because they have a while lot of settled law they want to overturn.

This is one. Roe v. Wade is another. Hell, the voting rights act is a third and I can't even argue that the current forum of it is pretty bad (for example: legally requiring minority majority districts probably does violate equal protect).

[Aeson]

In wonder what Barron Trumps status would be if it would be applied honestly.
Melania Trump married Donnie in 2005, but only became US citizen in 2006, the same year that Barron was born.
Considering that Barron was born in March, there may be a real possibility that Melania obtained citizenship only later this year, after his birth.

So, lets say Trump would declare that the 14th amendment would be revoked retroactively for the last 2 decades, and lets assume Melania obtained citizenship only after Barron was born ...
would this result in Barron losing his citizenship?
After all, despite the fact that his mother was married to a US citizen at this time, Barron would have been born to a non citizen

As citizenship (in other cases, such as being born overseas) only requires one citizen as a parent, it wouldn’t be an issue for Baron unless Donnie ups his xenophobia another notch.

[Dinner]

Yep, one parent is enough (either one though if you were born before 1965 only fathers could give their children citizenship).

[ZEE]

That is silly. Should be BOTH parents with LEGAL citizenship documentation. Anything else is unacceptable and is subject to deportation to the fullest and most expedient extent of the law.

[Proteus_MST]

Ah O.K., then Barron is safe ... for now

[pchang]

Assuming Trump really is the father.....

[Aeson]

He would (in the hypothetical of overseas birth) have to prove blood relation, write a letter promising to provide for Baron until 18 yo. And likely show his tax returns. Writing and disclosing are things he struggles with.

[spambot]

So if the mother is foreign will DNA testing be needed to verify that the child does indeed have an American father?

[ZEE]

no. Immediate deportation. Don't need to waste time and valuable money on a DNA test.

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[Aeson]

Just start deporting people at random.

[Aeson]

So if the mother is foreign will DNA testing be needed to verify that the child does indeed have an American father?

I think usually proof of relationship (marriage license, photos, joint accounts, sworn statements) is enough. DNA test would be a possibility in cases where there wasn’t enough evidence otherwise.

[Broken_Erika]

Pfffft! Why stop at birthright? End All forms Citizenship! Deport all humans into the Sun!
This message has been approved by the Dolphin Liberation Army.

[Berzerker]

Hell, the voting rights act is a third and I can't even argue that the current forum of it is pretty bad (for example: legally requiring minority majority districts probably does violate equal protect).

Democrats demanded minority majority seats and now they complain about getting them. They figured out creating such a seat dilutes the power of the minority in the states other districts. Thats one of the reasons for the hyper partisanship and divisiveness, concentrating people based on ideology promotes primaries and elections between increasingly extreme candidates.

[ZEE]

Pfffft! Why stop at birthright? End All forms Citizenship! Deport all humans into the Sun!
This message has been approved by the Dolphin Liberation Army.

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[Kidlicious]

So no law makers ever passed any law intending to give illegal immigrants the right to citizenship for their babies. What happened is people started interpreting the law that way. So the President absolutely has the authority to give an EO on this issue.