Second Order Effects The press does not understand President Trump’s move to close Birthright citizenship for illegal immigrants and potentially even those on tourist visas. There is a section of the 14th Amendment that hasn’t been tested in court that could be used by an executive order to justify rescinding birthright citizenship. The legal aspects of this are discussed click here. The interesting aspect to this is the astounding strategic way an executive order will work.
Primary effect:
- The comment on this topic right before the mid-terms will drive the news cycle away for health care, for more than a few days. The latest craziness is that the President’s son would not be a U.S. Citizen.
- When or if an Executive Order were issued, the bureaucracy would start figuring out how to implement the order.
- The left would immediately move in court to stop the implementation of the order — this is where the strategy is almost diabolical.
To rescind birthright citizenship President Trump needs the Supreme Court to rule on that portion of the 14th amendment that has not been tested. If he waited for congress to pass a law that would test the 14th Amendment, he would be waiting forever. So, issuing the Executive Order means that he would likely have an answer in his first term.
Second Order Effects:
- Issuing the Executive Order will force the Supreme Court to rule on this issue much faster than waiting for congress to pass a law.
- If the President wins, he won’t need a law passed. The bureaucracy will respond without a law.
- If the President looses, he will have a decision that he can use to go after a Constitutional Amendment to achieve his aims.