this post was submitted on 25 Oct 2023
127 points (85.5% liked)

Interesting Global News

2601 readers
390 users here now

What is global news?

Something that happened or was uncovered recently anywhere in the world. It doesn't have to have global implications. Just has to be informative in some way.


Post guidelines

Title formatPost title should mirror the news source title.
URL formatPost URL should be the original link to the article (even if paywalled) and archived copies left in the body. It allows avoiding duplicate posts when cross-posting.
[Opinion] prefixOpinion (op-ed) articles must use [Opinion] prefix before the title.


Rules

1. English onlyTitle and associated content has to be in English.
2. No social media postsAvoid all social media posts. Try searching for a source that has a written article or transcription on the subject.
3. Respectful communicationAll communication has to be respectful of differing opinions, viewpoints, and experiences.
4. InclusivityEveryone is welcome here regardless of age, body size, visible or invisible disability, ethnicity, sex characteristics, gender identity and expression, education, socio-economic status, nationality, personal appearance, race, caste, color, religion, or sexual identity and orientation.
5. Ad hominem attacksAny kind of personal attacks are expressly forbidden. If you can't argue your position without attacking a person's character, you already lost the argument.
6. Off-topic tangentsStay on topic. Keep it relevant.
7. Instance rules may applyIf something is not covered by community rules, but are against lemmy.zip instance rules, they will be enforced.


Companion communities

Icon attribution | Banner attribution

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

Natural born is a common misconception. Naturalized is sufficient - he can be president if he wants. 14th amendment clarifies this point.

[–] [email protected] 2 points 1 year ago (2 children)

Could you quote the part where it says they can become president?
All I can find is that they become citizens:

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.

Article II, Section 1, Clause 5 of the US Constitution explicitly states:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President

[–] [email protected] 2 points 1 year ago (1 children)

As I understand, this is based on settled case law, Schneider vs Rusk, where it was decided that preventing natural born citizens from holding office such as president violates due process. As you quoted above, “All citizens naturalized…are citizens”.

This is the lynchpin to progressive candidate Cenk Uygur’s bid for presidency in 2024. He expects this case law to be challenged and decided in the Supreme Court, and anticipates a victory there for himself and the 25million-some other naturalized citizens who wish to enjoy the due process they’ve earned.

Personally, I think he’s right that Biden is a fool for ignoring the current 10-15 point deficit in the polls vs trump. Biden needs to get out of the way for literally any other dem to come in and sweep the election, and hopefully this will be how it happens!

[–] [email protected] 2 points 1 year ago (1 children)

TY, that's really interesting.

So, of I understand correctly, it's not exactly codified law.
Even if the supreme court upholds that ruling, they could overturn it in the future?

[–] [email protected] 3 points 1 year ago

Yeah that pretty much sums it up. Court cases rule and set precedent based on interpretation of existing laws…in this case how the 14th amendment applies/changes section 1.5 from Article II about who can hold office as president.

Supreme Court is usually expected to uphold this type of precedent by default, but as the highest court in the land, they can overturn it if/when Cenk’s case makes it to them.

If they do uphold it, a later supreme court could reinterpret the existing law and overturn this ruling as a result. This was the case with Roe. Congress could codify this interpretation into law by amending the constitution with something even more clear than the 14th amendment, like “naturalized citizens can hold office of presidency.”

To me the 14th seems pretty clear in its intent already, and I think the prior ruling clearly should stand…you’d have to have some wildly politically active judges to misinterpret something like that. Oh wait..!😅 so we shall see.