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Lonestarblue

(12,028 posts)
5. Given our current Supreme Court, Trump may get away with this.
Mon Dec 16, 2024, 08:45 AM
Dec 16

Here’s the text of Section 1 of the 14th Amendment:

“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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Does anyone doubt that people like Alito and Thomas would find ways to twist the law to benefit Trump? For example, has the court ever defined what “subject to the jurisdiction thereof” means? It could be twisted to mean that people who enter the country illegally and any children born to them are subject only to the jurisdiction of the birth country of the parents.

The other potential clause to create trouble is “No State shall make or enforce any law …” States may not abridge birthright citizenship, but can the federal government, which is not specifically cited?

Since the SC already neutered Section 3 of this amendment prohibiting anyone participating in insurrection from holding public office, what is to stop them from neutering Section 1?

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