• disguy_ovahea@lemmy.world
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    2 days ago

    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.

    • osaerisxero@kbin.melroy.org
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      2 days ago

      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’

      • procrastitron@lemmy.world
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        2 days 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.

      • disguy_ovahea@lemmy.world
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        2 days ago

        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
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          2 days ago

          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.

            • Zak@lemmy.world
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              2 days ago

              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
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                2 days ago

                … 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
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                  2 days 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.

              • Scubus@sh.itjust.works
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                1 day ago

                Lmao, “what it means to be a conservative judge”

                Bruh there are no values, being a conservative judge just means youre either comically dumb and fail upwards, or you are actually pretty smart, lack any sort of morals or decency, and know how to manipulate yhose around you for your benefit and their loss.

                Lets not try to write conservatives as if they actually have something they stand behind now

    • BradleyUffner@lemmy.world
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      2 days 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?