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submitted 1 year ago* (last edited 1 year ago) by MicroWave@lemmy.world to c/news@lemmy.world

Summary

Donald Trump signed an executive order to challenge birthright citizenship, targeting children of undocumented immigrants born in the U.S.

The order argues against the 14th Amendment, which guarantees citizenship for those born on U.S. soil.

It bars federal agencies from recognizing birthright citizenship and imposes a 30-day waiting period for enforcement.

The order is expected to face significant legal challenges, with critics calling it unconstitutional.

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[-] NateNate60@lemmy.world 72 points 1 year ago

Look no further than the dissent to United States v. Wong Kim Ark (when the Supreme Court ruled that the passage you cited grants citizenship by birthright), written by Chief Justice Melville Fuller, the mastermind behind such legal opinions as:

  • Racial segregation is completely legal (Plessy v. Ferguson)
  • States can't regulate workplace conditions or enact maximum working hours laws (Lochner v. New York)
  • Income tax is unconstitutional (Pollock v. Farmers' Loan & Trust)

Anyway, he wrote:

the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the fourteenth amendment overrides both treaty and statute

and

[Birthright citizenship means] the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.

So in other words, he was willing to rule that the constitution is optional as long as you are using it against undesirable races in order to get his way.

[-] DrDeadCrash@programming.dev 26 points 1 year ago

unless the fourteenth amendment overrides both treaty and statute

It absolutely does! That's the point!

[-] sem@lemmy.blahaj.zone 8 points 1 year ago

You can be born abroad to US citizens and still be a citizen.

[-] skulblaka@sh.itjust.works 1 points 1 year ago

You and I know this because we paid attention in high school. The Chief Justice does not.

this post was submitted on 21 Jan 2025
674 points (99.3% liked)

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