this post was submitted on 13 Mar 2025
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The Trump administration on Thursday asked the Supreme Court to allow it to enforce an executive order signed by President Donald Trump ending birthright citizenship – the guarantee of citizenship to virtually anyone born in the United States. In a trio of near-identical filings by Acting Solicitor General Sarah Harris, the administration urged the justices to partially block preliminary injunctions, issued by federal district judges in Seattle, Maryland, and Massachusetts, that bar the government from implementing Trump’s executive order anywhere in the country.

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[–] Xanza@lemm.ee 6 points 6 hours ago

"overturn the Constitution for me"

[–] AfricanExpansionist@lemmy.ml 70 points 14 hours ago (4 children)

If they "allow" that then the constitution is really just pointless

[–] thunderstruck@lemmy.ca 17 points 12 hours ago

Establishing a precedent to rewrite the constitution by EO and get it rubber stamped by SCOTUS is the point, not a consequence.

[–] b1t@lemm.ee 35 points 13 hours ago (2 children)

Exactly, removing birthright citizenship should only be possible through a constitutional convention. It's not up to SCOTUS what parts of the constitution we do and don't recognize.

[–] Formfiller@lemmy.world 4 points 7 hours ago* (last edited 7 hours ago)

Well they already chose not to honor the 14th amendment by allowing Trump to run for and hold office ….pretty sure that means the constitution doesn’t mean crap to the current SCOTSUS

[–] wer2@lemm.ee 6 points 12 hours ago

Unfortunately it is up to SCOTUS what parts are recognized.

"We are not final because we are infallible, but we are infallible only because we are final."

[–] chuckleslord@lemmy.world 11 points 13 hours ago (1 children)

... or they're just removing "outdated" SCOTUS decisions, like the overturning of Roe

Birthright citizenship was originally a SCOTUS decision

[–] NJSpradlin@lemmy.world 8 points 12 hours ago

Not only is this scary, but plausible. The Trump SCOTUS absolutely loves re-interpreting common sense and SCOTUS precedent supported legal and constitutional rights. Shit could change real quick with this one.

[–] verdantbanana@lemmy.world 2 points 13 hours ago* (last edited 13 hours ago)

Been pointless with certain cases getting highlighted so the public feels like the government is actually working for them every so often like those feel good stories on the news

[–] PunnyName@lemmy.world 19 points 11 hours ago (3 children)

Imagine if every single US citizen lost their citizenship in one fell swoop...

[–] Litebit@lemmy.world 3 points 6 hours ago

population growth in US will crash if that happens.

[–] Frozengyro@lemmy.world 6 points 9 hours ago

Deport everyone, the real great America

[–] NoneOfUrBusiness@fedia.io 8 points 11 hours ago

I think a billionaire somewhere just came in their pants.

[–] toy_boat_toy_boat@lemmy.world 15 points 13 hours ago* (last edited 13 hours ago) (3 children)

I know this move isn't made in good faith. But what if it was?

It would mean that ALL "Americans" would need to go back to the place they came from, by their definition.

Birthright citizenship in the U.S. means that anyone born on American soil automatically becomes a citizen, regardless of their parents' immigration status. This principle is established by the Fourteenth Amendment of the Constitution, which was adopted in 1868.

EDIT - I just noticed it was adopted in 1868. This didn't have to do with trying to revoke the former slaves' citizenship, did it?

[–] Khanzarate@lemmy.world 20 points 13 hours ago (2 children)

Nah its actually what granted citizenship.

Property isn't a citizen, and freeing the slaves didn't make them citizens.

Before this amendment, the supreme court had ruled that black people "were never intended" to be citizens under the constitution.

During the rebuilding of the US after the civil war, this got added, so that that nonsense ruling (which was argued against, even then, since there was no such phrasing in the constitution) had no power. Instead, being born in the US was enough, which was true for basically every freed slave at that point in history.

So they were officially not citizens, in the whole nation, just before the civil war. Then they were freed by the 13th amendment, and made citizens in this one, and then the 15th protected the right to vote regardless of race or other things.

[–] gibmiser@lemmy.world 2 points 9 hours ago (1 children)

So doesn't it stand to reason that the amendment initially was intended for slaves, whose parents were citizens of another country before being enslaved?

[–] Khanzarate@lemmy.world 4 points 8 hours ago

Most slaves parents were also born here, at that point in time.

So it's incorrect to think of them as citizens of any country, at the time.

The amendment was primarily for slaves, yes. I responded with a nah because the comment above mine asked if this was a ploy to remove their citizenship in some way. It wasn't, the supreme court had their own racist ploy for that.

[–] toy_boat_toy_boat@lemmy.world 7 points 13 hours ago

Thanks for that reply. I don't have anything to add, just appreciate that.

[–] deranger@sh.itjust.works 8 points 13 hours ago* (last edited 13 hours ago) (2 children)

Your assumption is incorrect; birthright citizenship is not the only way to become a citizen. Those who are naturalized through means other than by birthright, and all of their offspring, wouldn’t be affected.

For example, my wife became a citizen after immigrating here. Her daughter, born after my wife was naturalized, would be a citizen automatically because she was born to a citizen. Birthright citizenship is not a factor in this example.

Likewise, I would not be affected as my ancestors naturalized through whatever process existed back then, not birthright citizenship. Their children (my great grandparents) weren’t citizens because they were born in the US, they were citizens because their parents were citizens.

[–] jacksilver@lemmy.world 1 points 10 hours ago (1 children)

Is there anything in law that states a child is a citizen through something other than birthright citizenship? I don't believe that every country grants citizenship to children automatically.

[–] deranger@sh.itjust.works 1 points 51 minutes ago

There’s basically two methods worldwide for children to become citizens easily - you’re born there, or your parents are citizens from there.

You’re born there:
https://en.wikipedia.org/wiki/Jus_soli

Your parents are citizens:
https://en.wikipedia.org/wiki/Jus_sanguinis

[–] toy_boat_toy_boat@lemmy.world 1 points 13 hours ago (1 children)

Thanks - I'm still trying to figure out what it all means

[–] Rivalarrival@lemmy.today 6 points 12 hours ago

The real issue is "subject to the jurisdiction".

People "subject to the jurisdiction" of US law are constitutionally guaranteed a number of rights. Importantly, they are afforded due process, and all other rights due someone accused of a crime.

Not everyone is guaranteed 5th amendment protections. In a "Red Dawn" situation, where the Russians/North Koreans launch an airborne invasion of the US, those enemy combatants are not subject to US laws; they are not guaranteed the rights of the criminally accused.

Any rights and privileges they have are conveyed via treaty, not constitution. Hague Convention. Geneva Conventions. Laws of Armed Conflict. None of these guarantee "Due Process". None of these guarantee access to the judicial system.

One more piece of the puzzle: The Posse Commitatus Act. This law prohibits the US military, (and the National Guard, when federalized) from directly engaging in domestic law enforcement activities.

Trump wants to use the military to handle immigration issues.

Texas has already declared immigrants to be "invaders". Trump's campaign was not using hyperbole when it was talking about an "invasion".

Trump wants a "war". He wants a shooting war on the southern border, and he's going to use the immigrant "invasion" to justify it.

[–] earphone843@sh.itjust.works 2 points 12 hours ago (1 children)

It still wouldn't mean that all Americans would have to go back. You can become a citizen without being born here.

[–] toy_boat_toy_boat@lemmy.world 2 points 12 hours ago

yeah, i'm learning a lot tonight about how special Americans think they are.