Come on Supreme Court

In recent months, our nation has heard the term “constitutional crisis” based on actions of the present administration.  In my view, this crisis is on the brink of either solidifying the rule of law in our country or destroying the Constitution, which would mean re-writing the pathway for American citizens and our system of government.

The Supreme Court has decided to take up the case of President Trump’s Executive Order regarding birthright citizenship.  In question is the first section of the 14th Amendment of the U.S. Constitution.  The first section of the 14th Amendment states:

Section 1.   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.

At question, is the President’s EO to remove the first sentence of this Amendment.  The argument that might be given, is this amendment was provided to ensure the slaves who were freed as a result of the Civil War (1861-1865) would become “citizens” of the United States, and that it no longer applies to our nation at this time.  However, it should be noted, this amendment to the Constitution is more than just citizenship.
  
The second sentence of Section 1 has been used numerous times to ensure equal protection to all citizens.  This amendment led to reversing the Dred Scott decision, was used in the determination of Brown v. Board of Education, key to the desegregation of schools, and was paramount in producing the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

More importantly, and in my opinion, this action may bring the true light of the matter to the forefront is Section 3 of the same amendment.  Section 3 states:

Section 3.  No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

This section of the 14th Amendment brings to mind the action of then President Trump and his speech on the Ellipse of January 6th, 2021 urging his followers to “fight like hell”, telling the crowd if they didn’t, they would lose their country.  This took place immediately before the Capitol was put to siege by Trump’s followers…who were following his suggestion to “fight like hell”.

The Supreme Court has a decision to make regarding the power of the Executive Branch.  That decision to be made is, can the President eliminate a portion of the Constitution with the stroke of a pen?  

​By Executive Order, President Trump has indicated he wishes to restrict birthright citizenship.  The fact is, most all of the people in the United States born here, who are not children of undocumented citizens, could be subject to this EO.  So…would new born babies be subject to applying for citizenship to the United States?

More importantly, if the President can use an EO to change the Constitution, then, the President can make null and void Section 3 of the 14th Amendment, something that may or could prevent him from holding office.
  
The President could abolish elections; the President could play judge, jury, and executioner without regard to due process or the rule of law.  We are already seeing that played out with the sinking of alleged drug boats and narco-terrorists being killed
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The President could determine what would be the pathway forward for the nation and persecute those who objected to his desires.  We have seen the President revoke his endorsement of Marjorie Taylor Green, a devoted disciple of Trump, because she spoke out against the President; The President has determined Senator Kelly has committed sedition and should be hanged, all the while Senator Kelly just reiterated what is in the UMCJ and the DOD War Law Manual.

Or to be more outlandish, the President could declare the entire Constitution null and void and reconstruct the government as he or she wishes.

There is an amendment process as described in the Constitution.  The U.S. Constitution can be amended through a two-step process: proposal and ratification. An amendment must first be proposed, either by a two-thirds vote in both the House and Senate or by a national convention called for by two-thirds of the states. Second, the proposed amendment must be ratified by three-fourths of the states, either through their state legislatures or through state conventions.
 
I am aware that Executive Orders have the same effect as law produced by Congress.  I am not aware of a portion of the Constitution stating the President can amend the Constitution by Executive Order.
  
Let us pray the Supreme Court understand what is at issue and denies the power of the President to change the Constitution with the use of Executive Orders.