President can't change the Constitution with an Executive Order

President Donald Trump speaks to supporters during a rally at the Southern Illinois Airport on October 27 in Murphysboro Illinois

President can't change the Constitution with an Executive Order

Ryan on Tuesday dismissed President Donald Trump's plan to issue an executive order ending birthright citizenship for undocumented immigrants, saying such a change could be made only through a constitutional amendment.

The move, which is said to be against the Constitution, would be the most aggressive measure yet by an American president on immigration.

Allowing an executive order to go through would be specifically against the 14th amendment, which states: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". It's in the process.

Fernandez is concerned after learning that President Donald Trump said he could issue an executive order that would end citizenship by birth.

Revoking birthright citizenship would spark a court fight over whether the president has the unilateral ability to change an amendment to the Constitution.

Mr Trump revealed his intentions in an interview with American news site Axios, which has led to dispute over his presidential powers. The potential move, which would likely trigger numerous legal challenges, would seek to end the conferring of citizenship to children of non-citizens who are born in the USA - which is now guaranteed by the 14th Amendment.

Omar Jadwat is the director of the Immigrants' Rights Project at the American Civil Liberties Union in NY. "It'll happen. with an executive order".

"Opponents of illegal immigration can not claim to champion the rule of law and then, in the same breath, propose policies that violate our Constitution", Ho said in a 2011 opinion piece published by The Wall Street Journal, reinforcing his earlier position. Since then, its meaning and reach have been debated in courtrooms and in American society, with many questions centering on the phrase "the jurisdiction thereof".

But Mr Trump told Axios that he now believes a stroke of his pen will be enough. "He may not ever even issue the executive order that he floated in the Axios interview".

The issue of citizenship was brought into focus by a Supreme Court ruling in 1857 that declared that blacks - even the daughters and sons of freed slaves - were not US citizens.

Even one of the leading advocates of reinterpreting the 14th Amendment, Yale Law School Professor Peter Schuck, said Trump's idea for an executive order was off base.

White House lawyers will work with the Justice Department to develop a legal justification for the action, the person said.

"The 14th Amendment's citizenship guarantee is clear", according to Omar Jadwat, director of the ACLU's Immigrants' Rights Project.

Banishing this right would mean immigrants who give birth in the country would have children who would all be illegal immigrants, the same as their parents.

If he acts in any way to undermine the protections afforded by an amendment to the Constitution that bars any abridging of the privileges or immunities of citizens of the United States, the president must be immediately checked and balanced by responsible members of Congress and by the courts.

A person familiar with internal White House debate says the topic of birthright citizenship has come up various times over at least the past year.

And it essentially destroys the notion of sovereignty itself, since a "people" are not able to define what constitutes them as a "people" entitled, as the Declaration of Independence asserts, to "the separate and equal station to which the Laws of Nature and of Nature's God entitle them".

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