Posted on Oct 31, 2018
FACT CHECK: 14th Amendment On Citizenship Cannot Be Overwritten By Executive Order
805
17
6
4
4
0
President Trump says he can end birthright citizenship with an executive order. But most legal scholars — and even leaders of the president's own party — are skeptical.
In an interview with Axios, published Tuesday, the president said he wants to end the automatic right to citizenship for babies born in the U.S. to noncitizens.
"You can definitely do it with an act of Congress," Trump said in the Axios interview. "But now they're saying I can do it just with an executive order."
The 14th Amendment holds that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Most legal scholars take that as an explicit protection of birthright citizenship — and think it will take much more than an executive order to change that.
"Trump may have a lawyer who is telling him the 14th Amendment means something else, but that lawyer is like a unicorn," said Rebecca Hamlin, a professor of legal studies at the University of Massachusetts, Amherst.
Trump's proposal seems to rely on the work of a small but vocal group of conservative legal scholars who argue the 14th Amendment has long been misread. In particular, they argue, five key words — "subject to the jurisdiction thereof" — have been misread and that the authors of the 14th Amendment did not intend to give citizenship to the children of temporary visitors and other noncitizens.
In an interview with Axios, published Tuesday, the president said he wants to end the automatic right to citizenship for babies born in the U.S. to noncitizens.
"You can definitely do it with an act of Congress," Trump said in the Axios interview. "But now they're saying I can do it just with an executive order."
The 14th Amendment holds that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Most legal scholars take that as an explicit protection of birthright citizenship — and think it will take much more than an executive order to change that.
"Trump may have a lawyer who is telling him the 14th Amendment means something else, but that lawyer is like a unicorn," said Rebecca Hamlin, a professor of legal studies at the University of Massachusetts, Amherst.
Trump's proposal seems to rely on the work of a small but vocal group of conservative legal scholars who argue the 14th Amendment has long been misread. In particular, they argue, five key words — "subject to the jurisdiction thereof" — have been misread and that the authors of the 14th Amendment did not intend to give citizenship to the children of temporary visitors and other noncitizens.
FACT CHECK: 14th Amendment On Citizenship Cannot Be Overwritten By Executive Order
Posted from npr.org
Posted >1 y ago
Responses: 5
Posted >1 y ago
Thanks for sharing this topic. My guess is that the SCOTUS has the final say on what's Constitutional. If he proceeds we should expect challenges through the courts.
(5)
Comment
(0)
Edited >1 y ago
Posted >1 y ago
If they ring that bell, then ALL the amendments can be open to "interpretation"? Can't un-ring it.
(2)
Comment
(0)
Posted >1 y ago
Everyone already knows this. Well, I guess everyone but Trump.
Although, he isn’t the only president who has tried to bypass congress by executive order.
I believe that the founding fathers were pretty clear about the division of power within the government. Although Trump isn’t the first POTUS to push the boundaries of his position, I believe it’s time we reign in the position. I wasn’t happy when Obama abused the executive power rule and even though I agree with Trump most of the time, I don’t approve of his abuse of executive power either.
Although, he isn’t the only president who has tried to bypass congress by executive order.
I believe that the founding fathers were pretty clear about the division of power within the government. Although Trump isn’t the first POTUS to push the boundaries of his position, I believe it’s time we reign in the position. I wasn’t happy when Obama abused the executive power rule and even though I agree with Trump most of the time, I don’t approve of his abuse of executive power either.
(2)
Comment
(0)
Read This Next