this post was submitted on 19 Nov 2024
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[–] meeeeetch@lemmy.world 18 points 15 hours ago (14 children)

With 2/3 of the Senate, 2/3 of the House, and 3/4 of the states' legislatures.

[–] disguy_ovahea@lemmy.world 8 points 14 hours ago* (last edited 14 hours ago) (2 children)

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.

[–] BradleyUffner@lemmy.world 5 points 10 hours ago

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?

[–] osaerisxero@kbin.melroy.org 20 points 14 hours ago (2 children)

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'

[–] disguy_ovahea@lemmy.world 7 points 14 hours ago* (last edited 14 hours ago) (1 children)

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.

[–] Zak@lemmy.world 0 points 14 hours ago (1 children)

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:

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.

[–] Nougat@fedia.io 10 points 14 hours ago (1 children)

They just need to redefine "persons."

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

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.

[–] Nougat@fedia.io 10 points 13 hours ago (1 children)

... but not to get creative about something spelled out plainly in the Constitution.

And yet, presidents now have extremely wide criminal immunity.

[–] Zak@lemmy.world 1 points 13 hours ago

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.

[–] procrastitron@lemmy.world 4 points 14 hours ago

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.

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