President Trump has once again re-ignited fury with his completed mission to attack the 14th Amendment and end America’s policy of birthright citizenship with a Day 1 Executive Order. But can Trump actually change the U.S. Constitution? In reality, he may not need to.
It doesn’t matter if you phrase the question as:
- Can Trump end birthright citizenship by Executive Order? or
- Does the 14th Amendment of the U.S. Constitution actually say everyone born in the United States is a citizen?
The answer is the same – No.
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The 14th Amendment of the United States Constitution
No matter where you stand on this issue, everything begins with the content and context of the 14th Amendment.
The 14th Amendment to the U.S. Constitution is among the younger amendments. It was drafted after the Civil War and ratified on July 9, 1868.
The 14th Amendment has been a hot-button issue for the 2024 election cycle, and not because of the Citizenship Clause.
The 14th Amendment is composed of five distinct sections, each of which is composed of significant clauses, and specifically for the 2024 Presidential election:
- Section 1 embodies the Citizenship Clause
- Section 3 embodies the Insurrectionist Clause
The Insurrectionist Clause, used by the Democrats to attack Trump’s eligibility to be president, lies in section 3 of the 14th Amendment and states – in pertinent part:
No person shall be a[n] … elector of President … or hold any office, civil or military, under the United States, … who, having previously taken an oath, … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, But Congress may by a vote of two-thirds of each House, remove such disability.
Now that Trump has been elected, in what some consider a tit-for-tat tactic and strategy, Trump is now weaponizing the same constitutional Amendment to go after an issue that the Democrats have long held for voter appeal – the Citizenship Clause.
Absolutely every element of how U.S. citizenship exists and is acquired is contained in these 28 words found in section 1 of the 14th Amendment:
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.
Known as the Citizenship Clause, all American citizens derive their very identity from this single compound sentence.
This sentence provides three critical elements that answer the three most important questions:
- Who does it apply to?
- What action or actions are required to occur?
- What is the result of that action?
Question one – who does and doesn’t the 14th Amendment apply to – is the foundation of Trump’s stand and the entire debate.
Can Trump Terminate The Citizenship Clause of the 14th Amendment?
The short answer is No – and here is why.
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Whether by Executive Order or if Congress where to enact H.R. 140 – Birthright Citizenship Act of 2021, which is designed to infuse the 14th Amendment and guide constitutional interpretation by using existing law—8 U.S. Code § 1401—Nationals and citizens of the United States at birth, instead of the traditional course, where the law is guided and controlled by the Constitution, the issue is the same.
The Supreme Court of the United States will still have the final say.
It is important to note that even if the law – H.R. 140 was enacted, and the Supreme Court ruled that it is constitutional – thus redefining the Citizenship Clause – it would not change anything for EB-3 or EB-5 Golden Visa holders.
EB-3 and EB-5 Golden Visa holders are legal US Green Card Permanent Residents and recognized functional members of American society.
EB-3 and EB-5 Golden Visa holders are members of We The People.
And if that is your dream or goal, I can help make it your reality.
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