Malcolm Rivera
While President Trump did not directly attempt to amend the constitution, he did try to rewrite part of it on his first day in office. Trump's administration proposed an executive order to revoke birthright citizenship, which is guaranteed by the 14th Amendment. This amendment has been interpreted by the Supreme Court to mean that anyone born in the US is a citizen, regardless of their parents' citizenship status. Trump's actions and policies have been criticised by legal scholars and constitutional experts as threatening the balance of power established by the Constitution and setting a precedent for future unconstitutional actions.
| Characteristics | Values |
|---|---|
| Trump's attempt to amend the constitution | Rewrite the 14th Amendment to deny birthright citizenship to children of undocumented immigrants |
| Number of times the Constitution has been amended | 27 times |
| Last amendment | 1992 |
| Trump's actions towards independent agencies | Fired their heads, threatening the balance of power established by the Constitution |
| Trump's impeachment attempts | 2 |
| Trump's use of business entities | Secured questionable payment streams from the Secret Service, federal and state officials, etc. |
| Trump's supporters | Believe he has proven himself to be the only figure capable of restoring America to greatness |
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What You'll Learn
Trump's assault on the role of lawyers and judges
In 2023, President Trump stated that he intended to issue an executive order to revoke the citizenship guarantee in the 14th Amendment of the Constitution. This amendment, passed after the Civil War, states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States". The Trump administration argued that children of undocumented immigrants are not citizens "subject to the jurisdiction" of American laws and thus not protected by the 14th Amendment.
Legal scholars and experts have refuted this interpretation, citing over a century of case law, precedent, and policy. They argue that the "subject to the jurisdiction" clause only applies to children of foreign diplomats with diplomatic immunity, children of enemy soldiers during an occupation, and children of Native American tribes, who have separate legal provisions.
Trump's attempt to revoke birthright citizenship is part of a broader pattern of actions that undermine the rule of law and the independence of lawyers and judges. Trump has fired heads of independent agencies, concentrating power in the executive branch and overriding congressional decisions. He has also used his position to exact retaliation for personal vendettas, sending people to foreign prisons without due process and refusing to spend appropriated funds, which legal scholars describe as "authoritarian".
Furthermore, Trump has politicized the Justice Department by firing line attorneys deemed disloyal and installing loyalists as chief prosecutors. This assault on the role of lawyers and judges as defenders of the rule of law and free speech poses an existential threat to American constitutional democracy, according to Burt Neuborne, a professor at NYU School of Law.
Trump's actions have also weakened the Constitution's impeachment clause, as he survived two impeachments and no consequences arose from his attempts to illegally influence presidential elections. Additionally, Trump has floated the idea of bypassing the Senate's advice and consent role for executive branch nominees, further consolidating power in the executive branch.
While Trump's attempt to revoke birthright citizenship through an executive order is unconstitutional, it raises concerns about the future of constitutional protections. Trump's actions have emboldened others to propose amendments that serve their interests, such as Representative Ogles, who suggested amending the 22nd Amendment to allow Trump to serve a third term.
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Trump's stance on birthright citizenship
On his first day in office, President Donald Trump issued an executive order seeking to end birthright citizenship. This executive order directed agencies to refuse to recognize the citizenship of US-born children who did not have at least one parent who was a US citizen or lawful permanent resident.
The 14th 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." The Supreme Court has interpreted this to mean that anyone born in the United States is a citizen, even if their parents were not citizens. This interpretation has been upheld by the Supreme Court for over a century and is based on the text of the 14th Amendment, which states that "all persons born or naturalized in the United States" are citizens.
Trump's administration argued that children of undocumented immigrants are not citizens "subject to the jurisdiction" of American laws and cannot be protected by the 14th Amendment. However, this interpretation has been criticized by constitutional experts and existing government policy. The only way to eliminate birthright citizenship would be through a constitutional amendment, which would require Congress and ratification by three-fourths of state legislatures or conventions.
Trump's executive order has been challenged in court by the ACLU and other groups. Several judges have issued injunctions that blocked the order, and multiple courts have declared it unconstitutional. The Supreme Court has not yet made a final ruling on the order's legality, but it did issue a decision that potentially cleared the way for the order to take effect nationwide. The legal fight over birthright citizenship is ongoing, and the fate of Trump's executive order will likely be determined by the Supreme Court.
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Trump's attempt to influence presidential elections
In 2023, President Trump stated that he was preparing an executive order to revoke the citizenship guarantee in the 14th Amendment of the US Constitution. This amendment, passed after the Civil War, states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Trump's administration argued that children of undocumented immigrants are not citizens "subject to the jurisdiction" of American laws and thus not protected by the 14th Amendment.
Legal scholars and experts have refuted this interpretation, citing over a century of case law, existing government policy, and the United States v. Wong Kim Ark decision in 1898, which affirmed birthright citizenship for a child born to Chinese immigrants on US soil. The only way to eliminate birthright citizenship would be through a constitutional amendment, requiring a two-thirds vote in both houses of Congress and ratification by three-quarters of the states.
Trump's actions during his first term, such as using his business entities to secure questionable payments from government officials and pardon recipients, were condemned as "unconstitutional domestic emoluments." Despite this, the lack of consequences from Congress or the courts has set a precedent for future presidents. Trump has also floated the idea of bypassing the Senate's advice and consent role for executive branch nominees, further undermining constitutional checks and balances.
Additionally, Trump's supporters in Congress, such as Representative Andy Ogles, have proposed amending the 22nd Amendment to allow Trump to serve a third term as president. This proposal highlights the willingness of some legislators to prioritize their political agenda over the constitutional limit on presidential terms.
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Trump's use of business entities for questionable payments
During his presidency, Donald Trump was accused of receiving millions of dollars in constitutionally prohibited payments from foreign governments. According to a report by Citizens for Responsibility and Ethics in Washington (CREW), Trump's businesses are expected to receive millions of dollars in payments that violate the foreign emoluments clause in the U.S. Constitution, which prohibits federal officials from receiving gifts or money from foreign governments without congressional permission.
The report details expenditures from various countries, including China, Saudi Arabia, and Qatar, which spent millions of dollars at Trump properties. For example, the Industrial and Commercial Bank of China (ICBC), a state-owned enterprise, leased property at Trump Tower in New York, while Huawei, a Chinese state-controlled telecommunications company, paid an advance deposit for an event at Trump's Las Vegas hotel. The report also mentions monthly fees paid by a subsidiary of Chinese energy conglomerate CEFC to Trump World Tower during Trump's term in office.
In addition to foreign governments, U.S. government agencies have also spent significant amounts of money at Trump properties. The Defense Department spent nearly $1 million at Trump businesses, including charges for events at hotels, golf clubs, and resorts. The Justice Department, Department of Homeland Security, and Pentagon employees also incurred expenses at Trump properties, with one instance of a $1,600 dinner between a DHS official and a foreign government representative.
Trump's business entities have also been involved in legal troubles. The Trump Organization, a conglomerate that serves as the holding company for most of Trump's business ventures, was charged with tax fraud and falsifying business records. Trump himself was ordered to pay nearly $355 million in penalties and barred from heading any New York company for three years due to fraud convictions.
While these actions do not directly involve attempts to amend the Constitution, they highlight Trump's questionable use of business entities and potential conflicts of interest during his presidency. Trump's actions related to birthright citizenship, as mentioned in your query, are indeed an attempt to rewrite part of the Constitution, specifically the 14th Amendment, which guarantees citizenship to children born in the United States, regardless of their parents' immigration status. This executive order has raised concerns among legal scholars and constitutional experts, who view it as an assault on the Constitution.
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Trump's loyalty to the American people
While there have been attempts to amend the US Constitution to allow former President Donald Trump to serve a third term, it is important to note that Trump's loyalty to the American people has been questioned by various legal scholars and media outlets.
Trump has been accused of making an "assault on the Constitution" by declaring that his government would not recognize US-born children of undocumented immigrants or temporary lawful immigrants as citizens, as protected by the 14th Amendment. This action has been interpreted as an attempt to rewrite the Constitution, which can only be amended through a rigorous process requiring a two-thirds vote in both the House and Senate and ratification by three-quarters of the states.
Trump's administration has also been criticized for its assault on the role of lawyers and judges as defenders of free speech and the rule of law. The firing of heads of independent agencies has been seen as a threat to the balance of power established by the Constitution's creation of three branches of government. Trump's use of his business entities to secure questionable payments and his attempts to influence presidential elections have also raised concerns about his loyalty to the American people and the Constitution.
However, supporters of Trump, such as Congressman Andy Ogles, have praised his ""decisive leadership" and loyalty to the nation. They argue that Trump's actions, such as declaring a national emergency at the Southern border and lifting restrictions on oil and gas drilling, demonstrate his commitment to American safety and prosperity.
In conclusion, while there are differing opinions on Trump's loyalty to the American people, his administration's actions and attempts to amend the Constitution have sparked concerns about the future of American constitutional democracy and the balance of power.
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Frequently asked questions
Yes, Trump tried to amend the Constitution by attempting to revoke birthright citizenship for children born in the US to undocumented immigrants. This was an attempt to rewrite the 14th Amendment, which guarantees citizenship to all those born in the US, regardless of parentage.
Trump tried to amend the Constitution through executive orders and by firing the heads of independent agencies, overriding Congress's power and threatening the balance of power established by the Constitution.
No, Trump's attempt to amend the Constitution was not successful. The President cannot amend the Constitution by executive order, and Congress cannot repeal it by passing a new bill. 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.
Trump's attempt to amend the Constitution raised concerns about the future of American constitutional democracy. Legal scholars and professors warned that Trump's actions, such as sending people to foreign prisons without due process and dismantling agencies, resembled those of an authoritarian government.
