Tuesday, October 30, 2018

Would The SC Go Along With Trump's 14th Amendment Shenanigans?

In an interview to be aired this Sunday on HBO, President Trump declared his plans to end birthright citizenship by an Executive Order even though it is enshrined in the 14th Amendment of the U.S. Constitution. Trump stated, "It was always told to me that you needed a constitutional amendment. Guess what? You don't."


Now it is entirely possible that this is a negotiating ploy much like his threat to withdraw from NAFTA to get Canada and Mexico to the bargaining table. It could be the case that Trump won't proceed with the executive order and instead try to work out a deal with Congress. Nevertheless, there is the possibility he will proceed with the executive order. While any such executive order will be challenged in court I think Trump is prepared to take his chances. Why? With Brett "If The President Does It, It's Not Illegal" Kavanaugh securing a conservative majority on the Supreme Court, Trump probably thinks the court will turn a blind eye to the 14th Amendment.


Of course an argument will be made that President Obama opened the door when he unilaterally implemented DACA by executive order in 2012. But if Trump supporters are going to argue that their man can implement unconstitutional measures because Obama did then they cannot call themselves constitutional conservatives. While Obama certainly overstepped his authority, Trump's act goes much further as it would challenge the very heart of the 14th Amendment itself and effectively render one section of it to be null and void.


If conservatives truly believe the 14th Amendment has been improperly applied and truly believe in the Constitution then propose a constitutional amendment and let the federal government and two thirds of the states ratify it. But I guess now that conservatives have all this power why go to all that effort when Trump can just scribble, hell text, an executive order?


But so long as the 14th Amendment remains as is this proposed executive order should be quashed if attempted. President Trump can no more rewrite the 14th Amendment than a Democratic President can rewrite the Second Amendment.

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