10-31-2018, 11:38 AM
The 14th Amendment has been used to help support a number of important civil rights cases and helps to ensure the U.S. doesn't go back to allowing some locales to eliminate/reduce the rights of any citizen based on race or religion (regardless of place of birth).
If President Trump wants to change some/all of the law and overturn precedent, he should be working through Congress, in my opinion.
I don't believe the Supreme Court would uphold an Executive Order to repeal/revise the Constitution based on a political dilemma. Chief Justice Roberts said just a couple of weeks ago that's precisely something the Court strives to avoid.
And, the 14th Amendment has been debated several times in court of public opinion in the past. There was never broad support for repealing or amending the amendment among the majority of constituents represented by Congress.
Unless that's changed, it's unlikely there would be enough congressional support from either party to get a bill passed.
Plus, I think it would be hard to make a solid evidentiary case that 'anchor babies' are generally more problematic to the country than citizens born to citizens.
If President Trump wants to change some/all of the law and overturn precedent, he should be working through Congress, in my opinion.
I don't believe the Supreme Court would uphold an Executive Order to repeal/revise the Constitution based on a political dilemma. Chief Justice Roberts said just a couple of weeks ago that's precisely something the Court strives to avoid.
And, the 14th Amendment has been debated several times in court of public opinion in the past. There was never broad support for repealing or amending the amendment among the majority of constituents represented by Congress.
Unless that's changed, it's unlikely there would be enough congressional support from either party to get a bill passed.
Plus, I think it would be hard to make a solid evidentiary case that 'anchor babies' are generally more problematic to the country than citizens born to citizens.