By my unofficial count, yesterday found the word “invasion” being batted about by virtually every Chat Show host in the country and the President during his remarks on the Immigration Crises. With apologies to John, in no way, shape or form does this surprise me. It actually hit me during the break yesterday, but I never got back to it. With the discussion of Wong, we found that one of the three limits placed on Birthright Citizenship is that Invaders, however that might be ultimately defined, is one of the limits. Read the rest of this entry
The President has informed us that he is “considering” an Executive Order to end “Birthright Citizenship” in the United States.
Whether you believe that to be wrong or right says more about you and your politics than it does anything else.
The truth is that there is significant debate as to whether or not it should be a thing in the first place. There are also precedents extending far further back than a mere hundred years that make it clear that the Framers might not have seen things the same way as President Trump.
In fact, at one point in this country, the Supreme Court made it clear that the idea that just because you were born here makes you a citizen was not acceptable or Constitutional…
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
ARTICLE II, SECTION 1, CLAUSE 6
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
25th Amendment, Section 4
When the USS Caine, a fictional minesweeper in WWII, was in danger of foundering in a hurricane, the Executive Offer, with the encouragement of the Wardroom, relieved the CO and “saved” the ship. It was a clear-cut case of mutiny, and as such a Court Martial would be required to resolve the matter. In the climactic moment, it becomes clear that though the Captain may be in trouble, the XO acted improperly and precipitously. He was not well advised and the Wardroom failed in its primary duty.
The interesting thing is that the movie itself, and specifically was in the minds of the commission that gathered to consider the words of what would become the 25th Amendment to the US Constitution.
Today you can buy a “25/45” T-shirt and you’ll hear Talking Heads debating the whole idea of how the 25th Amendment could be used to rid the country of the hated Trump. What was once considered a ridiculous idea has gained enough steam that Vice President Pence had to specifically deny that he had conversations with the Cabinet regarding the implementation of the 25th. In fact, many people still believe that he wrote the infamous New York Time Op-Ed as the opening shot of a 25th coup d’état.
The problem is that the 25th was never intended to get rid of a President because some part of the country doesn’t like the way he parts his hair…