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President-elect Donald Trump is doubling down on his promise to end birthright citizenship. He plans to do so with an executive order.
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Constitutional law attorney David Coale says birthright citizenship is granted by the 14th Amendment, and the only way to change the Constitution is with an amendment.
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An amendment would require ratification from three-fourths of the states.
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President-elect Donald Trump is doubling down on his promise to end birthright citizenship. He plans to do so with an executive order.
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Constitutional law attorney David Coale says birthright citizenship is granted by the 14th Amendment, and the only way to change the Constitution is with an amendment.
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An amendment would require ratification from three-fourths of the states.
DallasDonald Trump, the incoming president, declared his intention to abolish birthright citizenship. However, some legal professionals think his suggestion is unconstitutional.
Along with other immigration pledges, Trump has intensified his efforts to abolish birthright citizenship.
On “Meet the Press,” he stated on Sunday that he would terminate it via executive order.
“I don’t wish to disrupt families. So, you have to send them all back, because the only way to keep the family intact is to keep them together,” he stated.
Donald Trump, the incoming president, on Meet the Press
However, constitutional attorney David Coale stated that he did not believe the president could do that.
“He is unable to do so since the 14th Amendment specifically guarantees birthright citizenship. Like everything else, it is a part of the Constitution. And the amendment process, which is drawn out and intricate by design, is the only way to alter it. “Amending our Constitution is extremely difficult,” he stated.
According to Coale, three-fourths of the states would need to ratify any changes to the Constitution.
Trump made a suggestion in his interview on Sunday that he could need to travel to the states. However, he insists that he can use executive power to abolish birthright citizenship.
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Trump made audacious claims during his campaign, claiming he would begin the biggest deportation effort in American history right away. Additionally, he pledged to revoke birthright citizenship through an executive order.
“Now he can sign an executive order that affects how the federal government interacts with that provision, maybe sets forth the priorities, maybe requires agencies to study the issue, calls upon everyone to move quickly, and have an amendment to the Constitution about that,” said Coale. “That would just be a means of advancing the cause of a constitutional amendment. You cannot simply take up your pen and modify our governance and the Constitution.”
According to Coale, Trump does have some leverage over large deportations, but the issue of manpower and resources remains.
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This story is based on an interview with constitutional law lawyer David Coale, an interview with Donald Trump that aired on Sunday’s “Meet the Press,” and other news reports.
This story is based on an interview with constitutional law lawyer David Coale, an interview with Donald Trump that aired on Sunday’s “Meet the Press,” and other news reports.
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