politics
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With 2/3 of the Senate, 2/3 of the House, and 3/4 of the states' legislatures.
With SCOTUS the Constitution says whatever they say it does. We had a chance to fix that situation and we blew it.
All they need is 5 SCOTUS justices to agree the text means whatever.
Then you need a different SCOTUS session to disagree or all of that to fix the text
They used a 1600s law from before we were a country to rationalize overturning Roe v Wade. This SCOTUS had a supermajority of corrupt Justices willing to twist the law into whatever the Federalist Society wants it to say.
LOL, how cute. You think that still matters.
Nothing stopping both houses from just reducing the threshhold because fuck you that's why, getting Trump to sign off on it, then getting backing by the Supreme Court. Sure, that's completely at odds with the Constitution, but who's left to enforce it?
We already know that at least half the states will just blindly go along with it and say it's to control immigration, or just because MAGA, or because fuck you that's why. Threaten the rest with withholding of all federal funding until they get on board and watch how many fall in line. Sure, that's even more highly illegal, but again......who's going to stop them? Laws don't mean shit if there is nobody willing or able to enforce them.
Republicans have just over 50% of the Senate and the House. They don’t have a 2/3 supermajority.
They’ll still pass the legislation by voting in a block, but they can’t push it through without a vote if they don’t have a supermajority.
They have the supreme court, which basically allows them to interpret laws anyway they want. Why bother with an the work of changing laws when they can just reinterpret them?
2/3rds 2/3rds and 3/4ths are the requirements for a constitutional amendment, which is the requirement to change the citizenship granting mechanism for the country.
Or for SCOTUS to just decide the words mean something different now like a true 'originalist'
Oh, I misunderstood.
Yes, that’s if he intends to amend the Constitution. Lucky for him, he can deviate from the Constitution all he wants without repercussions, since the Republican controlled Congress will not hold him accountable to the document, and the conservative SCOTUS will not overturn an unconstitutional law.
I think you might be surprised here. Conservative judges are inclined to follow the plain meaning of the text of the Constitution at the time it was written. There's not much wiggle room in this:
They just need to redefine "persons."
I could imagine them trying to include corporations... but seriously, Constitutional textualism is a cornerstone of what it means to be a conservative judge. They're pretty content to ignore or reverse precedent, but not to get creative about something spelled out plainly in the Constitution.
And yet, presidents now have extremely wide criminal immunity.
There's nothing in the text of the Constitution that says they don't.
Like most sane people, I think that decision was overly broad and has dangerous implications. On the other hand, if Congress could make crimes about Article 2 powers, that would effectively allow Congress to take those powers for itself by statute, overruling the Constitution's assignment of them to the president.
Their plan is to claim that the children of undocumented immigrants are somehow not “subject to the jurisdiction” of the United States and therefore not granted citizenship based on the 14th amendment.
Yes, it really is as stupid as it sounds; claiming that undocumented immigration gives your descendants the equivalent of diplomatic immunity.