By John Q. Hosedrinker 
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No, the president cannot unilaterally end birthright citizenship through a simple executive order. This is a fundamental point, rooted in the very fabric of the US Constitution, specifically the Fourteenth Amendment. The amendment clearly states that all persons born or naturalized within the United States and subject to its jurisdiction are citizens. This has been the established legal understanding and precedent for a considerable period.
A president attempting to overturn birthright citizenship via executive fiat would be acting beyond the scope of their authority. Executive orders are tools used to direct the implementation of existing laws, not to rewrite or abolish them. They cannot supersede established constitutional rights. An executive order attempting to do so would almost certainly face immediate and substantial legal challenges.
The suggestion that a president could create a policy, allow it to be challenged, and then hope the Supreme Court would overturn the long-standing precedent established in *United States v. Wong Kim Ark* is a highly improbable scenario. While the Supreme Court *can* change its interpretation of the law, it’s not simply a matter of a president wishing for it to happen. The Court operates independently and makes its rulings based on presented arguments and legal principles, not on the whims of the executive branch.
Furthermore, even if the Supreme Court were to rule in favor of such a change – a highly contentious and unlikely event given the historical context and established legal understanding – the process would be lengthy and involve significant legal battles. The idea that the Court would decline to put a stay on such a policy is also unrealistic; even if the court were to agree to hear the case, the status quo is often upheld until the final ruling is issued.
The assertion that “the legality of what he does is irrelevant” because “the GOP accomplishes its goals” ignores the very foundation of our democratic system. It minimizes the crucial role of checks and balances within the government and dismisses the significance of judicial review. While it’s true that political maneuvering and strategies may sometimes lead to outcomes that appear to circumvent established processes, it is a dangerous oversimplification to claim that the law holds no power. Ignoring legal constraints threatens the foundations of democracy and the rule of law.
Claims that a president could simply ignore existing law and precedent are concerning and deeply troubling. The notion that a president can act with impunity, disregarding legal processes and constitutional guarantees, is inherently anti-democratic. While certain past events may appear to support such assertions, the systematic erosion of democratic norms is a severe risk and should not be accepted as the new normal.
The persistent attempts to undermine birthright citizenship are a clear indication of a broader strategy aimed at restricting rights and diminishing the protections afforded to certain segments of the population. Framing this as a mere legal or political debate obscures the profound societal implications of such attempts. Such policies are often rooted in discriminatory ideologies, and their ultimate consequences are far-reaching.
The path forward is not to accept the assumption that the president “can do whatever he wants.” This viewpoint is both inaccurate and deeply dangerous for the health of the American democracy. Rather, active engagement through legitimate legal and political channels, robust public discourse, and a vigilant defense of constitutional rights are essential to preserving the foundational principles upon which the United States is built. The continued functioning of checks and balances, an independent judiciary, and an engaged populace are critical to prevent a slide into authoritarianism. Ignoring or dismissing the importance of law and precedent only emboldens those seeking to circumvent them. The fight to protect birthright citizenship and other constitutional rights is an ongoing one, demanding active participation and vigilance from all citizens.