SCOTUS Thread (News and Discussion) III: Abandoning 50 Years of Precedent

[Tymon]

Pretty surprising that Canada is the only other "Western" nation with fully unrestricted birthright citizenship. I figured more of Europe would have jus sanguinis.

[Tyrath]

In some cases, restricted means they require at least one parent to be a citizen.

[Kaslo]

Pretty surprising that Canada is the only other "Western" nation with fully unrestricted birthright citizenship. I figured more of Europe would have jus sanguinis.

I think its a product of colonization of the Americas.

But, to be fair to Trump (boo hiss I know), it seems they are arguing for restricted birthright citizenship.

[Xno Kappa]

The fact they didn’t even anticipate Gorsuch asking about Native Americans kind of puts my mind at ease over their sheer stupidity.

[Tymon]

The worst person to be questioned about that topic on. Gorsuch is very passionate about Native American rights and has made it a very big part of his career. Don’t ask me why!

[Kaslo]

The worst person to be questioned about that topic on. Gorsuch is very passionate about Native American rights and has made it a very big part of his career. Don’t ask me why!

My take: This is what happens when we get judges who have presided outside the East Coast.

[Outlaw]

The fact they didn’t even anticipate Gorsuch asking about Native Americans kind of puts my mind at ease over their sheer stupidity.

The fact that they are even allowing arguments against something that is clearly spelled out in the Constitution is stupid.

[Sirious]

I mean. When it was written they didn't know in 150 years you could fly to America in an hour and give birth on a whim on vacation.

At the time you had to sail there for 3 months across the atlantic, the rules kinda changed.

[Byrthnoth]

I mean. When it was written they didn't know in 150 years you could fly to America in an hour and give birth on a whim on vacation.

At the time you had to sail there for 3 months across the atlantic, the rules kinda changed.

??? From canada?

Also, women in their third trimester are questionably capable of flight. It's definitely not recommended, so you are actually looking at weeks in the US.

Wasn't the prevention of stateless people one of the original goals of the UN?

[Tyrath]

I mean. When it was written they didn't know in 150 years you could fly to America in an hour and give birth on a whim on vacation.

At the time you had to sail there for 3 months across the atlantic, the rules kinda changed.

Okay and? The way to change that is through a constitutional amendment, not at the whim of the president. This was a literal exchange in the courtroom:

Solicitor general: “It’s a new world."

John Roberts: "It's a new world. It's the same Constitution."

So basically you're as dumb as this administration

[Sirious]

I don't agree or disagree only state that things written decades ago don't account for technology.

How it gets updated is not my concern. Nor my care. Only that a reasonable person would agree it's out of date.

[Tymon]

They can propose an amendment whenever they want. It's the court's job to enforce current law. That's current law, so obviously so that even the court that is overwhelmingly biased towards the admin is telling them so.

inb4 "the court doesn't matter" ok then start that conversation in the POTUS thread where everyone else is already bitching about that

[Tyrath]

I don't agree or disagree only state that things written decades ago don't account for technology.

How it gets updated is not my concern. Nor my care. Only that a reasonable person would agree it's out of date.

Okay Tucker "I'm just asking questions" Carlson.

[Tyche]

I don't agree or disagree only state that things written decades ago don't account for technology.

How it gets updated is not my concern. Nor my care. Only that a reasonable person would agree it's out of date.

It's irrelevant (to any specific case) because laws are not self-adapting nor is it the judiciary's role to create laws. So no, the rules are categorically the same. How the game is played is different, but that doesn't mean refs get to make up new rules.

I think the frustrating rigidness is unfortunately also why it's endured longer than most systems of governing. You want to make it incredibly difficult for any single administration to upend foundational axioms.

[kuronosan]

I don't agree or disagree only state that things written decades ago don't account for technology.

How it gets updated is not my concern. Nor my care. Only that a reasonable person would agree it's out of date.

It's not unreasonable to say it's not out of date.

It's unreasonable we don't amend the constitution to account for the modern world, sure, but that's not because of the laws being out of date. It's because the founders didn't conceive of moronic governance that would sabotage the nation for the sake of power and withhold further amendments for political ammunition.

[Tymon]

I've always thought glazing "The Founders" like they're the Disciples that wrote the Bible is idiotic. The fact that they constructed such an enduring foundation of government that got as much right as it did speaks to their intelligence for sure, but they got a ton wrong, even at the time. They were also mostly terrible people.

The Constitution realistically should have been wholly rewritten at least twice, most recently probably with the New Deal. That's neither here nor there though.

Ultimately like Kuro said it boils down to the fact that the structure of our government was built with the assumption that bad actors inside government can and will exist, but they definitely didn't expect that we'd ever let it get to a point where the majority of them are. A majority that is enthusiastically cheered on by an enormous and depressing amount of people.

[Zealot]

I think the Founders would be pissed if they came into modern day and had the changes of the last 250 years explained to them, and were then shown how little the Constitution has been altered to adjust.

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[Cantih]

I've always thought glazing "The Founders" like they're the Disciples that wrote the Bible is idiotic. The fact that they constructed such an enduring foundation of government that got as much right as it did speaks to their intelligence for sure, but they got a ton wrong, even at the time. They were also mostly terrible people.

What I do for that, is something they don't teach in school hard enough.
The Articles of Confederation.
THEY. FUCKED. UP. THE. FIRST. GO.

[Athas]

I mean they'd also be mad that women are voting.

[Tymon]

And mad that we have a standing army. And like, 95% of our taxes.