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the fact is the amendment does not need to be amended...
and an EO, or bill from congress can DEFINE the areas within that amendment that are vague
for example
the 18th amendment
Eighteenth Amendment to the United States Constitution prohibited the production, sale, and transport of "intoxicating liquors", it did not define "intoxicating liquors" or provide penalties. It granted both the federal government and the states the power to enforce the ban.
so congress came up with the Volstead act
12 years later...Congress passed the Blaine act, (which is where amendments start..as acts/bills/laws in congress or an EO) a proposal for a constitutional amendment to repeal the 18th, to end prohibition, in February of 33'
trump can do an EO...it would be NON-BINDING... and just like Obama's EO to close Gitmo... meaningless...
but it certainly can and maybe will get the ball rolling for a defining bill of the 14th, or an amendment to reform/replace/repeal the 14th
You bring up a good point. Suddenly leftist claim the Executive administrative branch can't interpret and define and execute any part of the constitution or law. Although an EO is binding on the executive branch but not necessarily on the legislator or judiciary.
I'm saying he singled out that "foreigner" and "alien" parents are not immigrants and their children are not citizens. Illegal aliens are foreign, alien and are not authorized immigrants just as ambassadors and foreign ministers and any invader are not.
Well, if Sen. Howard had said "citizenship will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of illegal immigrants" and drafted the 14th Amendment accordingly, you would be ready to rock n roll.
By your logic, Congress could define "arms" in terms of the Second Amendment as "muskets" and call it a day. The Constitution does not work like that. Sorry.
Congress could, but it would be challenged in Court, and since it knows it'll be struck down doesn't. We don't know what the court will rule on birthright citizenship.
Well, if Sen. Howard had said "citizenship will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of illegal immigrants" and drafted the 14th Amendment accordingly, you would be ready to rock n roll.
Too bad he didn't.
He didn't say "invaders" either but invaders' children never count as citizens and illegal aliens are a classification of an invader.
He didn't say "invaders" either but invaders' children never count as citizens and illegal aliens are a classification of an invader.
"Invader" is just a pejorative term sprung from emotion. It has no legal meaning in this context. If you're referring to enemy combatants militarily attacking the US on its own soil, they would not be "subject to the jurisdiction" of the US Courts and thus fall outside of the 14th Amendment, I would think.
Equating illegal immigrants with enemy combatants is stupid, however.
Republican here and Trump Supporter. I will not support ANY PRESIDENT on unconstitutional execute orders. Period no matter what the reason. I dont even need to pick a VALID reason to why any PRESIDENT would want to do it. You want to change the constitution and the rights of it, amend it via congress.
That is my response here.
In this case build a Wall (funding via congress and or defense budget) and secure the border for defense reasons that is allowed by executive order if the nation is being invaded by foreign countries or by individuals to breach the security and borders of a country.
The 14th amendment should stay as is and only changed via an act of congress.
Republican here and Trump Supporter. I will not support ANY PRESIDENT on unconstitutional execute orders. Period no matter what the reason. I dont even need to pick a VALID reason to why any PRESIDENT would want to do it. You want to change the constitution and the rights of it, amend it via congress.
That is my response here.
In this case build a Wall (funding via congress and or defense budget) and secure the border for defense reasons that is allowed by executive order if the nation is being invaded by foreign countries or by individuals to breach the security and borders of a country.
The 14th amendment should stay as is and only changed via an act of congress.
It's not an unconstitutional EO unless the supreme court says so, otherwise you would alone be deciding was is and isn't constitutional over my and the President's interpretation. No one is proposing to change the 14th amendment only to properly and sensibly interpret it regarding illegal aliens. Also Trump can't fund a wall being built via EO.
if the point of the 14th amendment was birthright citizenship, there would have been no need for the Indian Citizenship Act of 1924 - 56 years later - to grant US citizenship to American Indians.
thanks, dumbass justice brennan.
Since the 14th Amendment explicitly excluded American Indians, there was a need for the Indian Citizenship Act.
Agree. Also up till the time 1868 most anyone who travel from abroad, which was difficult to do at the time and America was not a welfare state, were assumed to be intending to be immigrants and were not generally classified as intruders or invaders. The 14th only applies to the non-intruding and non-invading or legal residents.
Intruders or invaders isn't a classification. It's an attempt to emotionalize the issue. And it seems to have worked on you.
You bring up a good point. Suddenly leftist claim the Executive administrative branch can't interpret and define and execute any part of the constitution or law. Although an EO is binding on the executive branch but not necessarily on the legislator or judiciary.
Spoken like someone who doesn't understand the functions of the different branches of our government.
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