Trump, the 14th Amendment, the Caravan, and the Constitution

[endicom]

PJ Media
Michael Walsh
Oct. 30, 2018

In today's installment of exploding heads, President Trump has proposed to overturn, via executive order, the constitutionally dubious "birthright citizenship" interpretation of the 14th Amendment. There's no question he has the authority to issue such an order in his capacity as president and commander-in-chief -- each of the three branches is equally responsible for fidelity to the Constitution, and each is free to interpret it as it sees fit.

That the 14th amendment -- the centerpiece of the Reconstruction Amendments passed and ratified under the Johnson and Grant administrations, but proposed and voted in by the Radical Republicans in Congress -- applies specifically and only to the newly freed slaves is clear not only from its historical context, but to its very language:

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

More... https://pjmedia.com/michaelwalsh/trump-the-14th-amendment-the-caravan-and-the-constitution/

[rangerrebew]

Trump, the 14th Amendment, the Caravan, and the Constitution
By Michael Walsh October 30, 2018

In today's installment of exploding heads, President Trump has proposed to overturn, via executive order, the constitutionally dubious "birthright citizenship" interpretation of the 14th Amendment. There's no question he has the authority to issue such an order in his capacity as president and commander-in-chief -- each of the three branches is equally responsible for fidelity to the Constitution, and each is free to interpret it as it sees fit.

That the 14th amendment -- the centerpiece of the Reconstruction Amendments passed and ratified under the Johnson and Grant administrations, but proposed and voted in by the Radical Republicans in Congress -- applies specifically and only to the newly freed slaves is clear not only from its historical context, but to its very language:

https://pjmedia.com/michaelwalsh/trump-the-14th-amendment-the-caravan-and-the-constitution/

[Fishrrman]

Mr. Walsh says what I've been saying in this forum for a few years now:

Issue the executive order (which will we challenged in the courts).
Appeal any unfavorable decision "upwards" to the Supreme Court.
Let the High Court issue its opinion.
Then... go on from there.

[Right_in_Virginia]

Mr. Walsh says what I've been saying in this forum for a few years now:

Issue the executive order (which will we challenged in the courts).
Appeal any unfavorable decision "upwards" to the Supreme Court.
Let the High Court issue its opinion.
Then... go on from there.

It boils down to "nothing ventured, nothing gained".  Hell, the democrats have been doing this for years.

[endicom]

Topics merged.

[Oceander]

Wow is he wrong.