I won’t leave you in suspense. I’m a lawyer, so the answer is sometimes yes, sometimes no. If you’re in the tribe that thinks whatever Trump does is wrong, or the opposite tribe that thinks whateve…
theaspenbeat.com
But our world is complicated and fact-dependent, and so is the law.
That’s why I have no problem with President Trump testing the limits. If he didn’t, he wouldn’t be doing his job – a job I voted for him to do, three times (in three elections, I hasten to add).
A good example is the issue of birthright citizenship. The 14th Amendment appears to state that a person born in this country is automatically a citizen of the country, regardless of whether the mother is in the country legally.
But the Amendment contains a vague qualifier “subject to the jurisdiction thereof.” Trump’s argument is that this qualifying phrase excludes from citizenship a baby born in this country if its mother is here illegally.
Although I hope Trump’s argument will succeed, I think it
ultimately will not. But it’s a non-frivolous argument, and I would not be shocked if the Supreme Court ultimately buys it (though I would indeed be surprised).
In such a case, it’s fine for President Trump to make the argument. Let it go up to the Supreme Court, as Trump has requested, and let them decide the matter. That’s the way the system is supposed to work, and it nearly always does.
By the way, six of the nine Supreme Court Justices were appointed by Republicans who might lean toward Trump’s view of the matter.
(Here’s where you can complain that some of the Republican-appointed Justices are not “real conservatives.” Fine. But if that’s the case, then the blame lies with the Republican Presidents who appointed them – who was President Trump in his first term in the case of three of the six.)