But now that he has put an order out ending Birthright Citizenship and the SCOTUS ruled that nationwide injunctions aren’t applicable, can’t there now be a patchwork of enforcement where red regions will not honor birthright citizenship while blue regions do?
It seems like in the short term, there is going to be a lot of carnage and damage because this unconstitutional executive order will be followed by his loyalists.
He can put out an order requiring the sky to be green. It’s just words, that’s the point. The only thing he can affect with an EO are things where his sycophants can enable it to the extent they are involved in the executive branch. NOT the Judicial Branch. The judges who order and enforce the laws can’t just ignore the constitution. Birthright Citizenship is in the constitution.
What the SCOTUS ruling here adds is some dumbshit to make the process more stupid than it needs to be for people without legal status it seems, but it is not a change to the law, or enforcement. That needs to be understood.
All it’s going to take is a specifically angled case to ask the question “Is birthright Citizenship in the constitution? Oh, it is? Well then it’s constitutional”
Another court case that isn’t about the procedural nature of obtaining said documentation or status will shut this shit down in a heartbeat, but as others have noted, the legal process of getting it there takes longer than most would like.
The judges who order and enforce the laws can’t just ignore the constitution. Birthright Citizenship is in the constitution.
Again, I’m really sorry to burst you bubble but do think that understanding the reality of our situation and tearing down the illusions is important.
The Judicial is charged with interpreting the law and arbitrarion. Not enforcement. That’s on the Executive branch.
The US Constitution has been increasingly ignored in both the Judicial and Executive branches since about the 60s. For example, the SCOTUS invented “qualified immunity” in 1967 to allow the Executive branch to effectively ignite constitutional rights. Their fuckery means that “it literally says it in the US Constitution” is insufficient to show evidence harm from being deprived of constitutional rights. Effectively, an identical case must have been tried, which makes it nearly impossible (because of the circular dependency).
You misunderstand this. The Executive is bound to ensure that laws are enforced, but not tasked or powered to do so directly. Congress controls the purse and lawmaking, and the constitution is very clear that President must ENSURE what Congress passes is enforced. That’s extremely clear in Article ii Section iii, and is referred to as the “Take Care Clause”.
Sure, this is not untrue, but as we’ve seen over and over again, if ruling against the constitution, you always create a dead end. So they’ve just passed something stupid that is technically an interpretation in its most idiotically simple way, but they’ve then created a disaster on the other side of the legal process. It can’t work both ways. Unless they gain control over every judge and jurisdiction to exactly as Trump says, they won’t have the ability to control jack shit in this sense. Even after today’s ruling, the experts are already saying they’ve just opened the door to completely drown the courts and SCOTUS with challenges and really fuck over Trump because they’ve closed one door foolishly, and opened another to attack this bullshit from.
But now that he has put an order out ending Birthright Citizenship and the SCOTUS ruled that nationwide injunctions aren’t applicable, can’t there now be a patchwork of enforcement where red regions will not honor birthright citizenship while blue regions do?
It seems like in the short term, there is going to be a lot of carnage and damage because this unconstitutional executive order will be followed by his loyalists.
He can put out an order requiring the sky to be green. It’s just words, that’s the point. The only thing he can affect with an EO are things where his sycophants can enable it to the extent they are involved in the executive branch. NOT the Judicial Branch. The judges who order and enforce the laws can’t just ignore the constitution. Birthright Citizenship is in the constitution.
What the SCOTUS ruling here adds is some dumbshit to make the process more stupid than it needs to be for people without legal status it seems, but it is not a change to the law, or enforcement. That needs to be understood.
All it’s going to take is a specifically angled case to ask the question “Is birthright Citizenship in the constitution? Oh, it is? Well then it’s constitutional”
Another court case that isn’t about the procedural nature of obtaining said documentation or status will shut this shit down in a heartbeat, but as others have noted, the legal process of getting it there takes longer than most would like.
Again, I’m really sorry to burst you bubble but do think that understanding the reality of our situation and tearing down the illusions is important.
You misunderstand this. The Executive is bound to ensure that laws are enforced, but not tasked or powered to do so directly. Congress controls the purse and lawmaking, and the constitution is very clear that President must ENSURE what Congress passes is enforced. That’s extremely clear in Article ii Section iii, and is referred to as the “Take Care Clause”.
Sure, this is not untrue, but as we’ve seen over and over again, if ruling against the constitution, you always create a dead end. So they’ve just passed something stupid that is technically an interpretation in its most idiotically simple way, but they’ve then created a disaster on the other side of the legal process. It can’t work both ways. Unless they gain control over every judge and jurisdiction to exactly as Trump says, they won’t have the ability to control jack shit in this sense. Even after today’s ruling, the experts are already saying they’ve just opened the door to completely drown the courts and SCOTUS with challenges and really fuck over Trump because they’ve closed one door foolishly, and opened another to attack this bullshit from.