Birth Right Citizenship
It is either with misguided power or ignorance when the 47th President disregards the Constitution and declares through an executive order that he can change an amendment to our constitution. Birthright citizenship cannot be erased with a signature, or with Judicial approval.
I feel compelled to speak about the dishonoring of our Constitution.
The Constitution
Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens. The supremacy of the people through their elected representatives is recognized in Article I, which creates a Congress consisting of a Senate and a House of Representatives. The positioning of Congress at the beginning of the Constitution affirms its status as the “First Branch” of the federal government.
The Oath Takers
Every person who hold an office in our government makes a commitment and swears an oath to uphold the constitution.
This includes:
Executive Branch: The president, vice president all other federally official appointed people
Legislative Branch: Members of the House of Representatives and the Senate
Judicial Branch: Justices of the Supreme Court and all other federal judges
State and Local Officials: State and local officials, including members of state legislatures and all executive and judicial officers, are also required to take oaths to support the Constitution.
The reason our elected officials recite this oath before taking office is not because of tradition or it’s a swearing in ceremony that is cool to watch , it is written into our constitution;
U.S. Constitution, Article VI, clause 3
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”
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The Oath
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
The Constitution is the best and only thing we have to guide our government. It is in need of defense and support.
Going back to birthright citizenship, it is written in the 14th amendment here it is, in all it’s beautiful detail:
14th Amendment: Section 1
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.
ICE Violates the Constitution
I am not a lawyer or a legal scholar but I would go as far to say that ICE is against our constitution. Lets read the second part again.
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.
This is just a section one of the 14th amendment, it’s almost as if the “47” is luring people to read the rest of the amendment so let’s do that.
Citizen rights are so important that they are first mentioned, in Article 4: Section 2
ARTICLE IV : SECTION 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Stick with me, I know I am bouncing all over the Constitution. I’m a big fan of it!
14th Amendment: Section 2
Let’s move on to Section 2 ( click link to read it the whole thing) but I will just sum it up
It describes how representatives will be apportioned, how they will count the people in the state and exclude the Indians, also kinda says if a male who has his right to vote taken away the basis of representation should be reduced.
So maybe the states with a lot of prisons should be reducing their representation?
When you are convicted of a federal crime, your right to vote is taken away, unless you live in Florida and are running for President, ala Trump.
I got distracted… moving on to the next section; section 3 of the 14th amendment seems to yell to me, that the President did something against the oath of the Constitution.
14th Amendment: Section 3
Section 3 - Below is an edited version.
No person shall be 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, or given aid or comfort to the enemies thereof.
Insurrection
If we call Jan. 6 an insurrection, then Trump’s pardoning of the insurrectionists is what I would call giving aid and comfort.
I know, I read that twice too. Section 3 says no person shall be President who gives aid and comfort to the enemies.
Impeachment
On June 24, 2025 an impeachment process began with H. RES. 537 , not for violating Amendment 14 : Section 3, but for high crimes and misdemeanors.
216 Republicans voted in favor of impeachment.
It looks like Bernie Sanders didn’t vote and 79 Democrats voted Nay. WHAT!!???
Alright, I admit, I am getting off track we haven’t yet finished with the 14th amendment so here it is…
14th Amendment: Section 4
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
14th Amendment: Section 5
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
This last section is included in almost every amendment.
Quick Constitution Background
Established in 1788 the seven articles to our constitution establish and explain the framework of the government. Then the 10 amendments were written. We clump them together and call them the Bill of Rights. All amendments made after the 10th are not included in the Bill of Rights and are just called amendments.
How An Amendment Can Be Changed
I started this rant with an executive order and birthright citizenship and need to get back to that.
The Articles of the Constitution establish the principles/rules of our government. To make a change to the constitution they created Article V.
An executive order is not included in Article Five as a way to change the constitution.
If you want to amend the constitution - Article V tells us how to do that.
Article V is the process we use to introduce an amendment like ERA ( first introduced in 1923 by two republicans, I’ll save my disappointment of a 100 years of nothing for another post…) Article V was also used to modify an amendment.
I am going to use Prohibition as an example: Amendment 18 Prohibition. When the American people wanted to drink again without getting in trouble with the law , they were like.. how do we get rid of Amendment 18? To change an amendment they went through the same process and created Amendment 21 which repealed it, meaning it was cancelled. So here is Article V our directions to add, change or repeal an Amendment.
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Let Me Know Your Thoughts…
Am I way off base here or do you agree that our elected officials are not following the guidance of our constitution?