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Ms. Toad

(38,973 posts)
19. The constitution is only as clear as those designated to interpret say it is.
Thu Jul 2, 2026, 03:04 PM
Jul 2

There are 9 people charged with deciding what the constitution says. Currently, 5 of the 9 who get to say what the constitution means agree that - with few exceptions - being born in the United States confers citizenship. Four of the 9 disagree with that interpretation.

Saying he disagrees with the majority doesn't mean he believes that Congress can override the constitution (your contention). It means that he disagrees with the current interpretation of the majority about what the constitution says on birthright citizenship. He does not believe that the constitution confers citizenship on people Trump's executive order tried to exclude. He believes that citizenship for that group is conferred by statute, not the constitution. If citizenship for that group of individuals is conferred by statute (but not by the constitution) - then Congress can change the statute. Because Trump tried to change it by executive order, the order is invalid.

As long as the majority holds, if Congress passes a new statute, the court would rule that the statute limiting citizenship is unconstitutional. Kavanaugh would almost certainly dissent, not because he believes that Congress can override the constitution - but because he simply doesn't believe the 14th amendment grants citizenship to the group Trump wants to exclude. If he is correct (and with a shift of one justice he would be), all that is needed to change it is a statutory change.

Recommendations

1 members have recommended this reply (displayed in chronological order):

Kavanaugh doesn't understand the constitution DemocracyForever Jul 1 #1
Or he was trying to give trump Figarosmom Jul 1 #2
Congressional law can never override the constitution DemocracyForever Jul 1 #3
They can always pass a law to give the Supreme Court another shot to get it "right". Ilikepurple Jul 1 #8
It would need to be a legal move DemocracyForever Jul 2 #13
I never said reconsider the case. An actual law could be rightly challenged and reach the Supreme Court. Ilikepurple Jul 2 #14
Again, Congressional law can't override the constitution. DemocracyForever Jul 2 #17
What would you be saying if the numbers for this case were reversed? Ilikepurple Jul 2 #20
The 14th amendment is clear DemocracyForever Jul 3 #21
This is still just an opinion and one that doesn't carry the force of law if the Supreme Court decides otherwise. Ilikepurple Jul 3 #25
It's called actual facts DemocracyForever Saturday #31
Congressional laws can never overturn the constitution DemocracyForever Jul 2 #18
"What's a constitution?" - Brett NameAlreadyTaken Jul 1 #4
The U.S. constitution DemocracyForever Jul 1 #7
That's not what he is saying. Ms. Toad Jul 2 #15
It's not accurate DemocracyForever Jul 2 #16
The constitution is only as clear as those designated to interpret say it is. Ms. Toad Jul 2 #19
"All persons" is clear DemocracyForever Jul 3 #22
Four of the people who we have charged with deciding what the constitution means disagree with you. Ms. Toad Jul 3 #23
I'm amazed by the tongue twisting DemocracyForever Jul 3 #24
I'm not sure who you are arguing against in this thread. Ilikepurple Jul 3 #27
Are you saying the children of foreign diplomats Ms. Toad Jul 3 #28
So don't believe your eyes? DemocracyForever Saturday #29
I am United States attorney Ms. Toad Saturday #37
NAACP Legal Defense Fund chair disagrees with you DemocracyForever Sunday #38
Under current law, yes. Ms. Toad Sunday #39
It's clearly what Kavanaugh meant DemocracyForever Monday #40
No, it's not what he means. Ms. Toad Monday #41
In your world 2+25 DemocracyForever Tuesday #42
In n other words, you either haven't read the opinions Ms. Toad Tuesday #43
Again in your world 2+25 DemocracyForever Wednesday #44
That still does not support your contention that he doesn't understand the Constitution. Ms. Toad Wednesday #45
The tongue twisting is boundless DemocracyForever Thursday #46
As I explained, there are two sources of citizenship: the constitution and statute. Ms. Toad Thursday #47
Kavanaugh is wrong DemocracyForever 18 hrs ago #48
Not what you said Ms. Toad 8 hrs ago #49
Congress can pass an amendment to override................... Lovie777 Jul 1 #5
Congress can pass a constitutional amendment DemocracyForever Saturday #30
Aren't these meat stuffed robes supposed to be legal geniuses?? NoMoreRepugs Jul 1 #6
Onlookers astonished by JD Vance's latest attempt to dunk on Pope Leo: 'Excommunicate him' CNYHarris Jul 1 #9
From a quote from an unpublished piece on the internet CNYHarris Jul 1 #10
We must protect the native born on planets in the galaxy. CNYHarris Jul 1 #11
TLDR Mossfern Jul 3 #26
From AI CNYHarris Saturday #32
What the article does prove CNYHarris Saturday #33
This message was self-deleted by its author CNYHarris Saturday #35
AI final take on the article/work CNYHarris Saturday #36
More the truth is stronger than fiction CNYHarris Saturday #34
vance and crew are not free market capitalists. Figarosmom Jul 1 #12
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