Executive Orders Vs Amendments: Who Wins?

The Constitution cannot be changed by executive order. Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states. The Constitution's Article V outlines the process for proposing an amendment, which can be initiated by either a two-thirds vote in Congress or a constitutional convention called for by two-thirds of state legislatures. Only one amendment, the 18th Amendment, which established Prohibition, was later repealed by the states. The most recent amendment, the 27th Amendment, was added in 1992 and prevents Congress from changing its compensation during a term in progress.

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The US Constitution cannot be changed by executive order

The US Constitution is a foundational document that outlines the fundamental laws and principles of the country. It is a rigid framework that cannot be easily altered, and certainly not by the stroke of a presidential pen. Amending the Constitution is a complex and lengthy process, involving multiple layers of approval and consensus.

The Constitution establishes a system of checks and balances to ensure that any changes made are carefully considered and broadly supported. For an amendment to be made, it requires a two-thirds vote in both the House and the Senate, and even then, it is not guaranteed. The proposed amendment must also be ratified by three-quarters of the states, further emphasising the need for widespread agreement. This process ensures that the Constitution remains stable and that any changes are in the interest of the majority, rather than the whim of a single person or party.

The Constitution's endurance is a testament to its resilience and the foresight of its creators. While some may argue that the process of amendment is too cumbersome, it serves as a safeguard against hasty or partisan changes. The Constitution is meant to be a living document, but its evolution is deliberate and inclusive, reflecting the diverse and ever-changing nature of American society.

While the executive branch wields significant power, it is constrained by the Constitution and the separation of powers. The president's ability to enact change through executive orders is limited to interpreting, implementing, and enforcing existing laws, not creating new ones that conflict with the Constitution. The executive branch cannot unilaterally change the fundamental laws of the nation, as doing so would undermine the very principles of democracy and the rule of law that the Constitution upholds.

In conclusion, the US Constitution cannot be changed by executive order. Any alterations to this foundational document require a rigorous process of proposal, debate, and ratification. This safeguards the rights and principles enshrined within it, ensuring that the Constitution remains a stable and enduring framework for American democracy.

Amending the Constitution requires a two-thirds vote in the House and Senate

Amending the US Constitution is a complex and challenging process that requires a high threshold for approval. It cannot be done through a simple executive order or by passing a new bill. Instead, it demands a two-thirds majority vote in both the House and the Senate, as outlined in the Constitution's Article V. This process ensures that any changes to the foundational document of the country's governance are thoroughly considered and widely supported.

The two-thirds vote in the House and Senate is just the first step in amending the Constitution. Even if this hurdle is cleared, the proposed amendment must then be ratified by the states, with three-quarters of the states needed for ratification. This additional requirement underscores the importance of consensus and broad agreement when making changes to the nation's foundational laws.

The high bar for amending the Constitution is intentional and designed to protect the country's core principles and rights. It ensures that the Constitution remains stable and consistent, providing a framework that guides the country's laws and policies. The process also recognizes the importance of state-level input and ensures that any changes reflect the diverse perspectives and needs of the entire nation, not just the federal government.

While the two-thirds vote in the House and Senate is a critical first step, the involvement of the states in the ratification process further emphasizes the distributed nature of power in the US political system. This distributed power dynamic helps to prevent hasty or partisan changes to the Constitution and encourages amendments that have broad support across political divides.

The process of amending the Constitution, with its requirement for a two-thirds vote in the House and Senate, followed by state ratification, is a deliberate and rigorous procedure. It reflects the gravity of altering the nation's foundational document and helps maintain stability and continuity in the country's governance. This process has resulted in a relatively low number of amendments over the years, with only a handful of amendments being successfully ratified and implemented.

The 14th Amendment guaranteed citizenship to all children born in the US

It is important to note that the President cannot repeal any part of the Constitution by executive order. Amending the Constitution would require a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.

The 14th Amendment, primarily written by Representative John Bingham, guarantees citizenship to all children born in the US and overrules the Supreme Court's Dred Scott decision, which ruled that African Americans could not become citizens. The Citizenship Clause of the 14th Amendment states that "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." This clause was meant to repudiate the American Colonization Society's repatriation of free people of color and emancipated slaves to Africa.

The Supreme Court has interpreted the Citizenship Clause as granting birthright citizenship to all born within the jurisdiction of the United States, regardless of their parents' citizenship status. This interpretation was confirmed in the United States v. Wong Kim Ark case in 1898, where the Court specifically rejected the argument that a child born to non-citizen parents was not "subject to the jurisdiction" of the United States and thus excluded from the Constitution's citizenship guarantee.

However, there are a few categories of people who are excluded from birthright citizenship, including children of foreign diplomats, children of enemy soldiers present in the US during an occupation, and children of Native American tribes, who have separate provisions for citizenship. Additionally, the 14th Amendment has never been interpreted to extend citizenship universally to everyone born in the United States. Those who are not "subject to the jurisdiction" of the US at birth, such as children born to parents who are not US citizens or lawful permanent residents, may be excluded from automatic citizenship.

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The 18th Amendment was repealed by the 21st Amendment

It is important to note that the President cannot change or repeal parts of the Constitution by executive order. Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.

The 18th Amendment, which established the prohibition of alcohol in the United States, was ratified on January 16, 1919. It was the result of decades of efforts by the temperance movement, which argued that banning the sale of alcohol would reduce poverty and societal problems such as violence and immoral sexual behaviour.

However, the 18th Amendment proved to be largely ineffective, as it was unable to prevent the mass distribution of alcoholic beverages and inadvertently caused a rise in organised crime. Public sentiment turned against Prohibition during the late 1920s, and Franklin D. Roosevelt's 1932 presidential campaign included a plan to repeal the 18th Amendment.

On December 5, 1933, the 21st Amendment was ratified, repealing the 18th Amendment and modifying the Volstead Act to permit the sale of beer. The 21st Amendment is the only constitutional amendment in American history to have repealed another, and it was the first to include a provision setting a deadline for its ratification. The 18th Amendment's repeal marked the end of the Prohibition Era in the United States.

The President can appeal to overturn an executive order

The President of the United States does not have the power to repeal or amend the Constitution by issuing an executive order. Amending the Constitution requires a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states.

However, the President does have the authority to issue executive orders, which are directives issued to the executive branch agencies and officials. These orders are often based on either explicit or implicit congressional statutes or the President's constitutional power to execute the nation's laws. While the President can issue executive orders, they cannot be used to override the Constitution.

Although executive orders are not typically reviewed by the courts, the judiciary does possess the authority to review and assess the validity of executive orders, particularly when concerns regarding the separation of powers arise. The courts can stay enforcement or overturn an executive order deemed beyond the President's constitutional authority.

If an executive order is challenged in court, the President can appeal the ruling through the appeals process. The appeal would first go to the US Circuit Court, and if necessary, the President may seek review by the US Supreme Court, although the Supreme Court decides whether to hear the case. The President is usually represented by the Department of Justice, which reports to the Attorney General, during these proceedings.

It is important to note that an incumbent President can revoke or overturn an executive order issued by a predecessor or themselves. Additionally, Congress has the power to overturn an executive order by passing legislation that invalidates it, which the President may veto, or by using its power over funding to deny necessary funding for the implementation of the order.

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