Wednesday, October 31, 2018

Executive Orders Can't Ignore The Constitution



Yesterday the President said he could, with an executive order, end birthright citizenship. It was red meat thrown to conservatives who helped elect him, in part, based on promised immigration reform and his promise to build a wall on our southern border.

Let’s take a look at the 14th amendment, which was ratified following the Civil War to insure the abolition of slavery and establish civil and legal rights for African American slaves.

The amendment says-----“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and or the state where they reside.”

Pretty plain. People born here are citizens. That amendment was born 150 years ago and the Congress could not have anticipated thousands of Central Americans launching themselves at our border. If they get in----and have a child----by law---that child is a citizen. It doesn’t make sense…..but once again….the words in the Constitution don’t lie.

I think the president is bluffing. I think he knows he can’t ultimately win because it will be litigated all the way to the Supreme Court. And…I’m not a fan of presidential executive orders. I can’t think of one signed by President Obama that was good for the country.

Donald Trump and the Republicans have squandered the last two years when they had both the legislative and executive branches and a mandate to fix a terribly broken immigration system. Next Tuesday the American people will speak  to the issues when they go to the polls to re-populate Congress.

In the meantime, re-interpreting the meaning of the Constitution by using his pen does not really serve the President or the country…

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