Published: Wed, October 31, 2018
Global News | By Blake Casey

President can't change the Constitution with an Executive Order

President can't change the Constitution with an Executive Order

The name comes from the fact that they come half way through the president's four-year term in office. To change the constitution requires a two thirds majority in Congress - something nearly unthinkable in today's deeply partisan, near evenly split legislature. His administration announced the deployment of 5,200 troops to protect the frontier as the "caravan" continues to advance - though it is still weeks, if not months, from reaching the United States border.

On Monday, the Trump administration announced it is sending thousands of troops to the border area. Tent cities for asylum seekers. In that case, the court ruled on behalf of a Chinese man born in San Francisco who was not allowed back into the United States after he visited his parents in China.

Does president have the power?

"We adamantly condemn President Trump's statement on attacking birthright citizenship".

Mark Warner, D-Virginia, said the President has the "right to raise that debate" if he wants but "this notion that he can simply violate the Constitution by executive order, let's face it, no serious legal scholar thinks that's real".

Further, the Immigration and Naturalization Act (INA) of 1952, the basic body of USA immigration law, also says that a "person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth".

But Mr Trump said he had talked to his legal counsel and was advised he could enact the change on his own, contrary to the view of many constitutional experts.

Trump said in an interview with Axios that he intends to restrict birthright citizenship despite those who argue the 14th Amendment guarantees citizenship to all babies born in the United States. He discussed the plan in an interview with Axios on HBO that is slated to air Sunday. The president said that government lawyers are studying his proposal. It is unclear how quickly he'd act on an executive order.

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Shealah Craighead via White House and Wikimedia Commons.

"There basically was no US immigration restriction".

Republican Senator Chuck Grassley, Chairman of the powerful Senate Judiciary Committee, said it would require a constitutional amendment to make necessary changes on who all can acquire citizenship. The New York Times and the Washington Post also have coverage. He noted that the U.S. Constitution is very clear.

Republicans are advancing the theory that illegal immigrants are not "subject to the jurisdiction" of the US within the meaning of that provision, which would give Congress the legal daylight to pass a law codifying Trump's view.

Already, even some of the President's defenders downplayed the prospects of successfully ending birthright citizenship by executive order.

Vice-President Mike Pence said the plan may not be unconstitutional, telling Politico in an interview that while "we all cherish" the 14th amendment, the nation's top court has not weighed in on the issue entirely.

Suzanna Sherry is a professor of law at Vanderbilt Law School in Tennessee.

"With an executive order", the President interjected, confirming he had thought about doing it. "He can't do it by himself", she said, adding that he cannot do it even if Congress agrees. I think there would nearly certainly be a lawsuit and the courts will decide. Both Democrats and Republicans have introduced legislation at various points aimed at narrowing the application of the Citizenship Clause.

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