President Trump stated that he wants to end the “anchor babies” policy that has enabled those here illegally, non-US citizens, to have children here that are granted American citizenship. President Trump is referring to the 14th Amendment. Funny, not too many Democrats voted for that legislation when a Republican Congress proposed it, just like the 13th Amendment to end slavery.
Let’s remember the original intent of the 14th Amendment, ratified July 9, 1868, was to ensure equal rights and protections for recently freed slaves. Ya know, the Democrats had created that terrorist gang called the Ku Klux Klan. As a matter of fact, three years later there would be an organization started November 17, 1871, that was created to improve rifle marksmanship, the National Rifle Association. However, the NRA, the nation’s oldest civil rights organization quickly moved into action to support the 14th Amendment by standing with blacks to have their Second Amendment right. But, over the years, the progressive socialist left, who embrace the concept of a “living” constitution, meaning whatever fits their ideological agenda, has used the 14th amendment — especially the equal protection under the law clause — to justify their agenda, such as same-sex marriage in the Obergefell v Hodges case.
Section 1 of the 14th Amendment is all about one thing, granting citizenship to the recently freed slaves. The 14th Amendment, and subsequently the 15th Amendment, were necessary to solidify the societal equality of blacks. Of course the Democrats, then as now, simply dismissed the rule of law when it did not support their agenda.
What President Trump wants to do is correct the misuse of the 14th Amendment when it comes to this issue of “anchor babies.” Of course, it follows that the mother who is here illegally must stay since her child is now a United States citizen. If I am correct, that is not found anywhere else in the world.
But, the question, the Constitutional question, is whether or not President Trump can unilaterally make this change via executive order. Constitutionally, he cannot. According to our Constitution, the enumerated power “to establish a uniform Rule of Naturalization” is granted in Article I, Section 8, Clause 4 to the Legislative branch.
I must be consistent in that I did not agree with Barack Obama’s “pen and a phone” mentality, and I will not make any concessions here because we now have a Republican president. My oath is to the Constitution, not a person or a political party. An executive order does not, pardon my pun, trump our rule of law. If that were the case, we would no longer be a Constitutional Republic but rather a Constitutional Monarchy.
If you want this policy to change, then vote for those who would support this change. Legislation is made in the Congress, and the Executive branch signs the legislation into law and enforces it. The Supreme Court interprets our law, and trust me, there would be a constitutional challenge to any executive action taken by President Trump in this regard. An originalist SCOTUS may rule in favor, but their decision does not make law.
I wholeheartedly agree with President Trump on this issue, but, an executive order is not the way to rectify this situation. As far as this invasion of non-US citizens approaching our border, perhaps President Trump can suspend the policies of “catch and release” and “anchor babies,” abuse of the 14th Amendment, as it applies to mass migrations seeking to illegally enter the United States. But he cannot, and we should not want, a unilateral executive to rule and not govern.
Contrary to what the progressive socialist left believes, we just endured eight years of that mess.
During his 22 year career in the United States Army, Lieutenant Colonel West served in several combat zones and received many honors including a Bronze Star, three Meritorious Service Medals, three Army Commendation Medals, one with Valor device, and a Valorous Unit Award.
In November of 2010, Allen was elected to the United States Congress, representing Florida’s 22nd District.
He is a Fox News Contributor, former Director of the Booker T. Washington Initiative at the Texas Public Policy Foundation, Senior Fellow at the Media Research Center, contributing columnist for Townhall.com, and author of Guardian of the Republic: An American Ronin’s Journey to Family, Faith and Freedom, and, Hold Texas, Hold the Nation: Victory or Death, published October 16, 2018, from Brown Books Publishing Group.