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Trump Threat On Birthright Citizenship is Unconstitutional

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In 1868, following the Civil War and the abolition of slavery, the United States ratified the 14th Amendment, defining citizen as a right of birth and guaranteeing equal protection under the law. So says Section One of the Amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereafter, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge these 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.

The authors of this groundbreaking democratic legislation could not possibly have accounted for the likes of President Donald J. Trump. In late October, Trump incorrectly told the world he was able to unilaterally overturn the provision for birthright citizenship via executive order.

Further, the president falsely claims the United States is the only country in the world whose citizenship is promised by just being born on that nation’s soil. The New York Times clarifies that the U.S. is just one in over 30 nations that guarantee birthright citizenship including our North American neighbors in Canada and Mexico.

Trump’s usual ignorance of the facts aside, his ludicrous idea that presidential power would allow him to change the Constitution is not only frightfully despotic, but wholly moronic. The 14th Amendment is a part of the Constitution (kind of like that 2nd Amendment thing Trumpkins like so much) and Article 5 of that same document gives the power to amend the Constitution to Congress:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the thirds of the several States, shall call a convention for proposing Amendments…

The president cannot, under any circumstances, change the provision of the Constitution. Not through executive order, not through Twitter, not through a genie in a bottle or a fairy godmother. The very suggestion that he is capable of applying such power hits at the fool’s blatant disregard towards, and utter ignorance of, the checks and balances defined to prevent the reign of a tyrant. The fact that we have a president so out of touch with reality as to assert dictatorial power over the highest law in the land, is an insult to everyone whose blood, sweat and tears are woven into the fabric of the document Trump so carelessly cleans his golf clubs with.

1 Comment

  1. Ra
    November 26, 2018 at 8:52 am — Reply

    I take it your “the constitution means what it says” extends to all the “rights of the people” afforded by the Bill of Rights?
    Who am I kidding, that would be asking too much from a lefty NPC…

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