Donald Trump is the 21st Century’s PT Barnum…he’s a showman. He’s flippant, he’s brash, and he comes up with some very interesting arguments to back up his positions. Unfortunately, sometimes, like when he was recently talking to Fox News Channels’ Bill O’Reilly about his immigration idea, he can be as full of hot air as any other politician out there.
Donald Trump actually told Bill O’Reilly that the 14th Amendment to the Constitution is “unconstitutional”. HUH? Wait a minute… how can an amendment to the constitution be unconstitutional? Actually, it can’t. Legally, if it’s in the constitution, it, by the very definition of the word IS constitutional. Here’s the 14th Amendment for you to peruse. For brevity’s sake, I’ll only include Section 1…because that’s where the controversial part is:
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. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
See, it’s that first sentence that screws up Trump. All persons BORN in the United States and subject to the jurisdiction thereof, ARE citizens of the United States and of the state wherein they reside. It makes it pretty clear that unless you change the 14th Amendment, and there are two ways to do that, you’re stuck with the notion if pregnant women give birth to a child in this country, that child is indeed a citizen of this country. That doesn’t mean the mother, the father, and the rest of the family are, or should be.
But for Trump to tell anyone that a part of the constitution is actually unconstitutional steps in a steamy pile of dog doo showing that he obviously never went to law school….and I think he probably forgot what they taught him at Wharton!
The two ways you can change that amendment to make it so people don’t have a birthright in this country (which by the way I would support), are first and foremost, getting it through both houses of congress with a two-thirds vote, and then it has to pass two-thirds of the states’ legislatures. Failure to do that means it fails. There IS another way to do it though. If 75% of the states (38 in this case) decide they want to open a constitutional convention, and their state legislatures all pass it and it’s signed by the governors, then one is opened. However, anything that comes before the convention is fair game, not just the issue that caused the convention to be caused in the first place.
That’s one of the reasons most conservatives don’t want to have the convention called. Call it for term-limits in congress, or changing the 14th Amendment to do away with the birthright clause, and someone could bring up the issue of the second amendment and void that. There’s always that danger…which is why a constitutional convention has never passed one of the various amendments.
Trump is wrong in his assertions. I just wonder how much other stuff he’s been spouting off on is he wrong about?
Carry on world…you’re dismissed!