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wnylib

(25,183 posts)

42. Ratification requires 3/4 of the states AFTER an

Mon Jan 20, 2025, 07:12 PM

Jan 20

amendment is passed in Congress by a 2/3 majority in both the House and the Senate.

Same process is required to repeal an amendment. The repeal must be passed by 2/3 of the House and 2/3 of the Senate, then ratified by 3/4 of the states.

The president has no power to repeal or pass an amendment by executive order.

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Unwind Your Mind

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Can he really end birthright citizenship? Isn't it up to Congress? [View all] question everything Jan 20 OP

All of this will be litigated for a while newdeal2 Jan 20 #1

His congress will pass whatever he wants. MLAA Jan 20 #2

It's a Constitutional Amendment, so it should require another amendment to reverse. hedda_foil Jan 20 #3

I don't think Jilly_in_VA Jan 20 #23

I hope you're right about that. nt Frank D. Lincoln Jan 20 #27

They wiped out the 14th A before. carpetbagger Jan 20 #29

They can just interpret a phrase or two in a different way. Igel Jan 20 #30

they could mis/reinterpret "subject to the jurisdiction thereof" Orangepeel Jan 20 #35

Ratification requires 3/4 of the states AFTER an wnylib Jan 20 #42

So that means Donnie's anchor babies all have to go, right? Blue_Tires Jan 20 #4

So do naturalized citizens. The 14th Amendment also establishes that they are citizens. rsdsharp Jan 20 #14

And Musk's? how many does he have, a dozen? question everything Jan 20 #19

My parents were not citizens when moonscape Jan 20 #36

Congress can only changebit with an Amendment. Happy Hoosier Jan 20 #5

I would not think so.. because it is in the Constitution.. 14th amendment Peacetrain Jan 20 #6

The RW SCOTUS will try and use this part: Celerity Jan 20 #13

This is exactly what they will use Amishman Jan 20 #25

Congress plus 2/3 of the states dpibel Jan 20 #7

3/4 of the states. cloudbase Jan 20 #11

Thanks dpibel Jan 20 #21

actually the argument isn't that the infants aren't under the jurisdiction but that the parents aren't dsc Jan 20 #16

I thought he needed to push through a constitutional amendment, which Vogon_Glory Jan 20 #8

ACLU, and other will file suits immediately, and it will take years to litigate. But in meantime, trump can say he Silent Type Jan 20 #9

No he can't. It's in the Constitution. Wiz Imp Jan 20 #10

Well, look at some of the fuckheads in Congress now. Initech Jan 20 #12

The only way to end birthright citizenship VMA131Marine Jan 20 #15

Court can just say no retroactivity dpibel Jan 20 #22

Trump wants to deport people already here VMA131Marine Jan 20 #33

ha ha ha. Left up to Congress? Irish_Dem Jan 20 #17

No, and he can't legally do most of what he's proposing. GoCubsGo Jan 20 #18

As with the 2017 Muslim ban, he will defy the Constitution and then yield what ground the courts force him to. Eugene Jan 20 #20

What about Jilly_in_VA Jan 20 #24

Birthright citizenship is in the U.S. constitution GoreWon2000 Jan 20 #26

Anything he wants EarthAbides Jan 20 #28

SCOTUS can ignore the plain language of the Amendment. DemocratSinceBirth Jan 20 #31

Not just the language of the 14A VMA131Marine Jan 20 #34

I don't believe they will but precedent hasn't stopped them in the past. DemocratSinceBirth Jan 20 #37

How do you undo the precedent without VMA131Marine Jan 20 #39

His Executive Order would be proactive, not retroactive. DemocratSinceBirth Jan 20 #40

You are making a big assumption there VMA131Marine Jan 20 #41

If he can't, it will be Obama's or Bidens fault. Win - Win LiberalArkie Jan 20 #32

At this point, I suspect that SCOTUS Bettie Jan 20 #38

The whole idea is to get this into the federal courts. totodeinhere Jan 20 #43