Active Now

Slartibartfast
Discussion » Questions » Current Events and News » Will somebody explain to His Royal Orangeness that you can't overturn a CONSTITUTIONAL AMENDMENT with an Executive Order?
Slartibartfast

Will somebody explain to His Royal Orangeness that you can't overturn a CONSTITUTIONAL AMENDMENT with an Executive Order?

Citizenship by birthright isn't an exclusively American thing,  34 nations currently practise it. It's protected by the Fourteenth Amendment, can only be repealed by another one (like the 18th was set aside by the 21st). For an amendment to become law, it has to be ratified either by a two-thirds majority of both Houses (Trump hasn't got the numbers) or by a minimum of 34 state legislatures (he's never has anything approaching that kind of support, either).
Ruling by decree is something dictators do.

Posted - November 2, 2018
Tags : None

Responses


  • 22891
    cant since i dont understand it nnyself
      November 2, 2018 3:40 PM MDT
    1

  • 5391
    While Trump says things like “I hear”, we all know he doesn't listen to anyone. Never has, won’t change now. 

    It might take a Supreme Court intervention (tying up the Court’s already limited docket to clear up the Pres’s delusion) which would bring about Trump throwing SCOTUS under the Twitter bus like everyone else who doesn‘t acquiesce to him. I suspect that like the false “Birther” claim, Trump will never accept being in error. 

    The whole “checks and balances” framework built into our Constitutional Republic escapes the President’s closed intellect. He imagines ways around it because, well, it’s HIM, right? 

    ...and you are on-point about ruling by decree. Tool of dictators. This is how Trump conducted his businesses, and maybe why he reveres dictators like Kim and Putin. Both are Presidents in title, and despots in practice. A model?   This post was edited by Don Barzini at November 2, 2018 8:31 PM MDT
      November 2, 2018 4:15 PM MDT
    4

  • YOU could always send him a tweet. :P
      November 2, 2018 5:21 PM MDT
    2

  • 34239
    The 14th amendment is NOT about making birthright citizenship. It is about making the newly freed slaves citizens. The slave states were trying to deny it to them and their children.
    This is what the Sen who wrote the amendment said about it:

    The 14 Amendment’s citizenship clause was authored by Michigan Senator Jacob Howard, who clarified its meaning on the floor of the Senate in 1866:
    This [Amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
      November 2, 2018 5:40 PM MDT
    3

  • 628

    Hello M2C
    This is why the 13th, 14th and 15th amendments are referred to as the "Reconstruction Amendments"...and NOT the "Sanctuary city" amendments...

    "

      November 2, 2018 6:53 PM MDT
    2

  • 16762
    Never mind the intention, as it reads the Amendment states:
    "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." That's the text of it and in any case referred to the SCOTUS that refers to it, it's been litigated that way. Can't be changed without another Amendment.
      November 2, 2018 9:46 PM MDT
    2

  • 34239
    "Under the jurisdiction" is the part that means not a citizen of another country. 

    Intention is commonly used for interpretation by judges. No need for a new amendment just a proper interpretation. President Trump issuing an executive order will force the courts to rule. It will likely end up at the SCOTUS.
      November 3, 2018 6:52 AM MDT
    0

  • 1893
    You have hit the nail on the head.  This is a can kicked down the road, it will be interesting to see how the Supreme Court views this.  Yes indeed for the 1st time in 70 years the issue is front and center
      November 4, 2018 4:27 PM MST
    1

  • Aww don't burst Donnie's bubble, hes a KING in his own little mind! 
      November 2, 2018 8:30 PM MDT
    1

  • 1893
    Cinders do not burst his bubble he might fall off the wall and break his shell
      November 4, 2018 4:27 PM MST
    1

  • So true lol, nice to see you here Arch:)
      November 4, 2018 4:38 PM MST
    2

  • 17592
    He, perhaps, has as much interest in a foreigner's opinion on this as I do.  
      November 3, 2018 12:54 PM MDT
    0

  • 16762
    It scares me that a demented megalomaniac has his tiny orange claws on the launch codes. That affects everybody, not just the US. What if he decides that being POTUS isn't as much fun as he thought it would be and goes out with a bang, literally?
      November 3, 2018 9:22 PM MDT
    3