Susan Wright on the Right
I have an entire box of pocket Constitutions. If I have to send one to 1600 Pennsylvania Avenue, I will.
Seriously. Somebody needs to make the effort. At the very least, can we get somebody to make colorful flash cards that will teach Donald Trump the laws of the nation he was elected to represent?
For Trump supporters, who fancy themselves true patriots, warriors of the Constitution, yadda yadda yadda… I have to ask, had Obama decided to use an executive order to meddle with, or override the Constitution of the United States, would you have stood by and allowed it?
Of course not. There would be Tea Party organizations protesting in the streets.
Rush Limbaugh would give himself an aneurysm pimping Hillsdale and those Constitution classes.
Sean Hannity would be screaming himself hoarse over just the mention.
So if you are a true conservative, Constitution-minded, and devoted to the foundations of this nation, then you should be equally upset at the suggestion of President Trump that he can change parts of the Constitution by executive order.
Axios is reporting on an interview with the president, where he matter-of-factly declared that it is his right, as president, to change the Constitution.
Specifically, in his newly declared Nationalist zeal, he has decided that he will change the 14th Amendment, or at least, Section 1 of the 14th Amendment, regarding birthright citizenship.
According to an exclusive interview by Axios, for the show, “Axios on HBO,” Trump informed them that he had discussed the possibility of cutting into the Constitutional rights of those born on American soil with White House counsel, and that despite the legal battles you know are coming, he’s going to move forward with that plan.
“It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump said, declaring he can do it by executive order.”
Guess again.
And no, you can’t talk to him. You can’t tell him that’s not how our system is set up to work. This is Trump’s kingdom, Trump’s reality, now.
When told that’s very much in dispute, Trump replied: “You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”
Yes, Congress can make amendments to the Constitution, but it’s not as simple as calling over and saying, ‘Hey, guys, can we go ahead and change that particular section of the Constitution now? Ok. Thanks.”
“We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States … with all of those benefits,” Trump continued. “It’s ridiculous. It’s ridiculous. And it has to end.”
Axios points out here that there are over 30 countries that also support birthright citizenship, but there’s no way in the world Trump knows that. He gets his information from Fox News and internet memes.
“It’s in the process. It’ll happen … with an executive order.”
It will totally NOT happen with an executive order.
This is more than the usual Trump embarrassment. This is disturbing.
And it may just be fodder for his base, leading up to the midterm election. He’s done so much to stir up distrust and hate for “other,” that this is exactly the kind of red meat they require to be energized for the cause.
So either he knows he’s blowing smoke, or he’s more dangerous now that he’s outed himself as a Nationalist than we ever thought we’d see on these shores.
So what does Section 1 of the 14th Amendment say, exactly?
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
I have to say that, in theory, I get the frustration. The idea that some are using their babies as excuses to jump the line ahead of legal immigrants just seems wrong.
I know immigrants that have done everything right, jumped through every hoop, followed the rules because it was important for them to be counted as true American citizens. They shouldn’t be forgotten in all this.
However, the Constitution says what it says, and an executive order is not going to change it.
The twist being put on it by some Republican lawmakers is that the wording of that particular amendment is meant for those children of parents who are already here legally.
So what about the children of slaves, who weren’t considered citizens and were brought here as property?
That’s a big part of why we have a 14th Amendment with that wording.
Still, some think there may be an angle for Trump to work.
John Eastman, a constitutional scholar and director of Chapman University’s Center for Constitutional Jurisprudence, told “Axios on HBO” that the Constitution has been misapplied over the past 40 or so years. He says the line “subject to the jurisdiction thereof” originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.
Some former members of Trump’s administration, such as former national security official, Michael Anton, suggest the president could simply advise federal agencies, through executive order, that children born here to illegal immigrants are not citizens.
But others – such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be “unconstitutional.”
So-called “anchor babies” have become a real bone of contention among those debating the immigration issue, and I dare say, the moment Trump declares a key portion of our Constitution to be null and void, simply by his word, the doors will be blown off courtrooms around the country, as the lawsuits begin.
My concern is if he feels he can make changes in that manner to one amendment, how long before he decides to scrap the Constitution, in total, just to meet his own desired ends?
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