[Spoom]

Executive orders cannot overrule the Constitution.

14th Amendment:

"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."

There are rumblings about "subject to the jurisdiction thereof" somehow excluding folks based on their immigration status, but frankly, the meaning is clear, and jurisprudence recognizes this. The jurisdiction carveout is for international diplomats, i.e. people who are literally not subject to US law. Immigrants, even illegal immigrants, are subject to US law. Stating otherwise would have vast repercussions.

[rootusrootus]

> Executive orders cannot overrule the Constitution.

And I would hope this is a fairly universally held position, not so partisan. Today one side might cheer an executive order overriding the 14th amendment, but how will they feel if the next administration decides to pull the same stunt with the 2nd?

We don't want to go there. There are already some states experimenting with doing end-runs around the Constitution with their own civil laws, and for similar reasons I would expect rational people to want that effort to fail.

[fl7305]

>> Executive orders cannot overrule the Constitution.

> I would hope this is a fairly universally held position, not so partisan.

I agree. I think the constitution limits both the executive and the legislative branches.

> how will they feel if the next administration decides to pull the same stunt with the 2nd?

The 2nd amendment has already been overridden by federal laws without a constutional amendment.

The 2nd used to mean that the states has a right to let their citizens arm themselves privately with military weapons. The federal government was forbidden by the 2nd to interfere with this.

I'm from Europe and fine with the very restrictive licensing we have here.

But it looks very shortsighted to wildly re-interpret the constitution far outside of the original meaning, instead of passing new amendments.

[sometimes_all]

Thanks for the detailed answer, I think that'll be a relief for many. However, would you say this still is a volatile situation for people who are facing this issue? Are the rulings _final_ on this? Or is there chance of people getting stuck in limbo?

[Spoom]

> Thanks for the detailed answer, I think that'll be a relief for many. However, would you say this still is a volatile situation for people who are facing this issue? Are the rulings _final_ on this? Or is there chance of people getting stuck in limbo?

No, rulings are not final. SCOTUS could and very well may disagree with more than a hundred years of jurisprudence and overrule e.g. US v. Wong Kim Ark[1], enabling much easier denaturalization by the federal government. Here's an example article from a right-wing think tank about why they believe SCOTUS should overrule Ark[2].

1. https://www.oyez.org/cases/1850-1900/169us649

2. https://americanmind.org/features/the-case-against-birthrigh...

[coin]

Those words in the Constitution are just words. They can be interpreted away by the Supreme Court.