Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Tuesday, October 30, 2018

Peak Trumpism

This is really a perfect distillation of Trumpism.

First, it's based off a lie: "We're the only country in the world with birthright citizenship."  That's a lie.

Second, it's essentially more of the racism and xenophobia that has defined this "man" for years.

Finally, it's almost certainly illegal and unconstitutional.  The language of the XIV Amendment couldn't be clearer: "All persons born...in the United States...are citizens of the United States..."  Exactly where is the legal wiggle room that exists for unilateral action by the Executive?

If Trump issues this, the DC Circuit - I believe - would have first crack at it.  It will rule it unconstitutional, because, duh.  If it goes to the Supreme Court, I have a hard time seeing John Roberts imperil the legitimacy of the Court by siding with Hair Furor and re-writing the Constitution.  My guess is that Clarence Thomas might also side against this move.  Alito?  Who knows?  The real test would be Gorsuch and Kavanaugh.  Who do they serve?  Trump or the law?

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