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See, logic would dictate that this would be immediately laughed out of court since a change of this magnitude would require a Constitutional Amendment. The 14th amendment does not say it only applies to certain people or under certain circumstances.
Then I remembered what timeline we're in. Trump will have this gleefully rammed through Congress, and the Supreme Court will uphold it based on the long-standing legal principle of "Yeah, but they're brown....."
And this is how Trump invalidates the Constitution. Not by decree. But by spending 4 years sidestepping the Constitution and telling his base that it's just an outdated piece of paper with a bunch of guidelines that can be safely ignored the minute they become inconvenient. Or at least, inconvenient for Republicans.
And he'll do it to thunderous applause.
To be fair the 14th amendment was really only intended to give freed slaves citizenship. Which is something I'm sure the Supreme Court will cite as part of "original intent" they justify so many rulings with.
"Actually, we find that the 14th amendment really only applies to foreign white people, as the original founding fathers were slave owners who did not view either black or native american people as actual people, and certainly would not have granted them citizenship. Given the original intent of the Founding fathers, not only do we rule that the 14th amendment only applies to foreign white people, but we are simultaneously invalidating the Civil Rights act of 1964, reversing the previous Supreme Court ruling in Brown vs. Board of Education, and striking down the 19th amendment as an unconstitutional violation of the original intent of the Founding Fathers."
-- This supreme court, very possibly.
So were the 1800's wave of European immigrants, that most white americans descended from, mostly naturalized or did they just use the 14th amendment too? I'm not be factious, I actually don't know but always assumed it was the former.
Well, it was the 1800s, so I'd be willing to bet that the vast majority of the time they just took the person's word for it in the rare situations where it mattered, and how successful you were was probably based on how rich and white you looked. Think of it......how the hell was someone in Atlanta, Ga. supposed to prove or disprove whether the man standing in front of him was or wasn't born in Boston, Ma? It's not like they could call and verify or something. Probably little more than "Yeah, you look like you could be from Boston. You're good."
It was the state's burden to prove otherwise.
Thank you my good man.