Fact Check: Trump's executive order contradicts the Fourteenth Amendment.

Fact Check: Trump's Executive Order Contradicts the Fourteenth Amendment

What We Know

President Donald Trump's executive order aimed to alter the constitutional principle of birthright citizenship, which is enshrined in the Fourteenth Amendment. This amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States" (source-2). The order proposed that a child born in the U.S. must have at least one parent who is either a U.S. citizen or a legal permanent resident to automatically become a U.S. citizen (source-2).

House Democrats filed an amicus brief in the case of Trump v. Casa, Inc., asserting that Trump's executive order violates the Constitution and decades of Supreme Court rulings (source-1). The brief was signed by 170 House Democrats, emphasizing their commitment to defending birthright citizenship (source-1).

Analysis

The claim that Trump's executive order contradicts the Fourteenth Amendment is supported by multiple legal and constitutional experts, as well as significant political backing from lawmakers. The consensus among House Democrats and legal scholars is that the executive order represents an overreach of presidential power and directly contradicts established constitutional law (source-1; source-2).

The Attorney General of Washington, Nick Brown, stated that the executive order violates both the Fourteenth Amendment and the Immigration and Nationality Act, emphasizing that the president lacks the authority to unilaterally redefine citizenship rights (source-2). Furthermore, the historical context of the Fourteenth Amendment, established in 1868, has been upheld by numerous Supreme Court rulings, including the landmark case United States v. Wong Kim Ark, which affirmed birthright citizenship (source-1).

While the Trump administration argued that the executive order was necessary to address illegal immigration, critics have pointed out that such a significant change to citizenship laws cannot be enacted through executive order without Congressional approval (source-5). The reliability of the sources used in this analysis is high, as they include official statements from government officials and legal experts, as well as established news organizations.

Conclusion

The claim that Trump's executive order contradicts the Fourteenth Amendment is True. The evidence presented from legal briefs, expert opinions, and historical context demonstrates that the executive order is not only unconstitutional but also represents a significant overreach of presidential authority. The consensus among lawmakers and legal experts supports the assertion that birthright citizenship is a protected constitutional right that cannot be altered by executive action.

Fact Check: Trump's executive order contradicts the Fourteenth Amendment.