No, Mr. President. You Can’t Change the Constitution by Executive Order

Cheryl Sanders
November 6, 2018

When asked in a tweet, "Then, you're just in favor of not giving children a legal identity, rights & protections that a citizenship grants, children, to discourage parents to travel all the way to the U.S.?"

As such, any executive order Trump gives will be bound by this Amendment. It would be absurd to apply the order to a past date. "We're not letting them out ..."

Using inflammatory language to describe the situation, Trump is calling it an "invasion", defining these migrants as prospective "illegals" who are planning to cross over our border, bringing with them criminals and worse. Or, maybe the children will have a new application, new date; further alienating them in the morass of the broken immigration system. There's nothing wrong with vetting the people coming here, and there's nothing wrong with asking them to become responsible, self-reliant citizens assimilating into our culture and society. "It also removed from the majoritarian political process the ability to abridge the citizenship of children born to members of disfavored ethnic, religious or political minorities". "And it has to end". In the meantime, Trump will continue to boast his plan, in an ever condescending way, like as seen towards the end of his interview with Axios. The Supreme Court ruled in his favor, declaring that "citizenship by birth is established by the mere fact of birth under the circumstances defined in the Constitution". The Center for Immigration Studies roughly estimates about 36,000 of these "anchor" babies annually.

So Trump is wrong on the law.

For many second-generation Americans whose parents did whatever it took to reach USA soil, their citizenship is a badge of honor and a meaningful chance for a more comfortable life.


When it comes to the 14th Amendment, my good friend and fellow Justice Department veteran Andy McCarthy agrees that it does not require birthright citizenship.

About 55% of those children live with one undocumented parent or two undocumented parents.

The 14th Amendment says, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".

We must blunt Trump's attacks on our Constitution, by voting Tuesday for Democratic representatives and senators who will defend it. With Trump also sending troops to the US border to stop a slow-moving group of refugees and asylum-seekers walking through Mexico from Central America - FLOC members "worry that he could line up the immigrants at the border and shoot them". You're a dictator who we hate and who's against us.

Mr Trump pursued former president Barack Obama to make his birth certificate public for several years in the lead-up to the 2016 election. In a 6-2 ruling, it touched on the text and history of the actual amendment only lightly and made a decision to cement the definition of citizenship we'd inherited from English common law, where everyone born in the country is treated as a natural subject.


Illegal immigrants, of course, come here in open defiance of our laws and stay by continually violating our laws. "It will happen... with an executive order". But "who belong to the families of ambassadors or foreign ministers" is clearly a restrictive clause modifying "foreigners" and "aliens", with those two words being synonymous here. "Our new Republican Majority will work on this, Closing the Immigration Loopholes and Securing our Border!"

"So-called birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other", Trump tweeted.

Several of the scholars, and many leaders, also hit Trump's scheme as a campaign stunt, created to rile up his nativist base and drive them to the polls on November 6.

If Trump issues an order to stop granting asylum to illegal immigrants, that too will be quickly challenged in court. After it became more specific, the U.S. Supreme Court, in its usual 5-4 partisan split, upheld the Moslem ban.


Other reports by iNewsToday

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