Donald Trump And Birthright Citizenship

One Issue Dealt With Properly By Right Wing Majority Supreme Court: Protection Of Birthright Citizenship!

The right wing Supreme Court under Chief Justice John Roberts has created, overall, a disgraceful record in recent years, and has kowtowed to Donald Trump too often, and promoted the concept of a “Unitary Executive”.

But at least on one issue, Birthright Citizenship, the Court by a 6-3 vote (which should have been 9-0)—Chief Justice John Roberts, Associate Justices Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson)—upheld the basic right that anyone born on US soil is a citizen at birth, added to the Constitution in the 14th Amendment 160 years ago. However, Kavanaugh based his vote on the concept that Congress could modify the 14th Amendment by legislation, so not a full support of the other five Justices who backed Birthright Citizenship completely as a basic right under the 14th Amendment.

The idea that Donald Trump wants a constitutional amendment to change that basic right is a non starter, as it would require a breaking of the Senate filibuster, and would require a two thirds vote of each house of Congress, followed by three fourths (38 states) to ratify.

It is clear, however, that with the Supreme Court as now constituted, IF and when the Democrats regain Senate control, they must work toward expansion of the Court membership; set up term limits of 18 years for future members of the Court; set up that each future President has two appointments in a four year term, leading in the future over time to constant turnover and change on the Court.

Also, there is need for the promotion of an ethics code, so that we do not see the kind of corruption that has been displayed by Associate Justices Clarence Thomas and Samuel Alito, which would be banned; and also reform the so called “emergency” or “shadow” docket to limit unsigned or unexplained rulings on pivotal cases, promoting transparency and accountability, sorely needed.