Trump intends to amend US Constitution via EO.Watch
Trump wants to ‘amend,’ via executive order, the 14th amendment to the US Constitution, by limiting the meaning of the ‘Citizenship Clause.’
As it currently stands, the 14th states: “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.”
The concept of jus soli (“right of the soil;” birthright citizenship), a holdover from English common law, has controlled in US jurisprudence and has been affirmed in Elk v. Wilkins, US v. Wong Kim Ark and Pylyer v. Doe (not on point, but persuasive).
It is not constitutionally within the President’s power to limit the meaning of a Constitutional provision.
Bob Woodward quotes President Donald Trump: “I don’t have any good lawyers. I have terrible lawyers … I’ve got a bunch of lawyers who are not aggressive, who are weak, who don’t have my best interests in mind, who aren’t loyal. It’s just a disaster. I can’t find a good lawyer.”
I'm reading Bob Woodward's book - he basically ignores all his professional/experienced advisors, including the Whitehouse legal council, and jumps at any, er, leftfield ideas from outsiders.
Surely it would be a constitutional catastrophe if a President was allowed to change the constitution by EO. This particular EO would just be the start of him wanting to rewrite the entire constitution.