Executive, President Trump, Supreme Court discussed on Gary and Shannon


Just days before the midterm elections. Emily row joins us now live from Washington with all the details. Emily, what do you now? Thanks for having me. Well, the president is saying that he he wants to sign an executive order to end that part of the constitution at fourteenth amendment. That says any babies born in the US whether or not their parents are citizens that they get to be they have US citizenship rights. He says he doesn't like that were only the only country in the world where the person comes in and has a baby the baby the citizen, but we need to end that well that I've actually been fact checked and found not to be true. But he wants to do what he can to end it. And he's got some other Republicans backing him up Lindsey Graham saying he'll introduce legislation to echo the same thing. Okay. But but Lindsey Graham's not talking about a constitutional amendment is he well, he says it would be legislation that would essentially redefine what that means. Now when asked what the language would actually be he said, I don't know, and I won't know until after the midterms. So that's another big thing. In here. So many people are saying, well, this is classic President Trump. He's introducing another thing that he knows we'll play very wealthy was base and motivate voters here, we are just based before the midterm elections. I wouldn't be as simple as a piece of legislation. I mean, they congress would have to amend the constitution or the supreme court could overturn its prior interpretation of the law. I mean this supreme court. Well, no, it's this supreme court minus Brett Cavanaugh ruled on the travel ban and the president's authority when it comes to executive responsibility. With regard to that. Chief Justice John Roberts writing in his majority opinion that we must consider the authority of the presidency itself. I mean, the constitution's very clear when it comes to the fourteenth amendment, but kind of murky when it comes to executive orders. Right. And it's really stuck out to me from an interview with speaker, Paul Ryan, he said, you know, what you cannot end birthright citizenship with an executive order. He said as a conservative. I'm a believer in following a plain text of the constitution. And in this case, the fourteenth amendment is pretty clear, so that's very tally that you have one of the top Republicans in congress are saying not so fast as won't work. Well. And we've seen this before. I mean, the president Shannon used the example of the travel ban. I mean, we went through three different iterations of that before it was approved and then upheld in the supreme court. So isn't it possible that this is the beginning of what will be a lengthy process of executive order overturned by the judiciary executive order over till until we find something that can be agreeable acre certainly could be and maybe that's his strategy here. Just to throw it out there. And and sort of see what sticks if you will to see what he could not get away with. But what policy might work at least for the short term, and then be taken up into supreme court. And maybe that's the end goal either way. But there are already a lot of people who are stepping up and saying the minute you do that which he could do any time. But he's choosing not to do that worst pointing that out as well. But they're saying the second he does he would be challenged by so many people. And the idea of amending the constitution sounds like a very lengthy process that if the ball did get did start rolling imagine how how divided this country is. Now, there's no way you're going to get your now two-thirds two-thirds in congress, and then three quarters of the state legislators to ratify wonder how much this is all about messaging heading into the midterms and making this the issue instead of some of the other issues that have been more popular when it comes to voters like healthcare and things like that. You know, the Democrats saying look at what the Republicans did to dismantle healthcare and Republicans saying, oh, we want to be elected. So we can put together essentially, what was Obama Care and take credit for that. Right. And you have a lot of analysts really making that point. You know, some Democrats, of course, saying the same thing. But hey, watch out he'll say anything before this election that he doesn't really matter. Don't take the bait. But yes, there is that that idea that an effort to really change the conversation moving away from healthcare because it was getting a little bit more traction and people were saying, oh, wait. Now, you want to be wanna protect preexisting conditions while you're signing an awful lot. Like, the Democrats were. So this is all this is a way to very clearly separate himself from the Democrats. Make those two parties, very distinct. We heard Sarah Sanders say that in the press briefing yesterday that the president no matter what's going on in the world. He's going to continue to very aggressively point out the difference between Democrats and Republicans going into these midterms because he believes that that's the first priority right now. So some of course, saying that this is merely an effort to do that and to show that exaggerated. You know, hard line on immigration that he seems to prefer. All right, Emily. Thank you. Thank you. Emily, rather the latest in what will be an interesting conversation, the idea of ending citizenship rights for babies born in the United States to parents who aren't citizens and whether or not the president can actually use an executive order to do. So again, he's been told. And there are some people who have who agree with this. He's been told that you can and at least portions of the definitions or you can you can refine some of the definitions to basically outlaw some of this stuff. But that the constitution has been this inspect this specific issue has been decided on a couple of times that that grant some pretty broad rights to people who are born here even from people who are not citizens. Well, guess who's in Iowa? Joe biden. Oh, look at that. And that's exactly what the reaction's going to be. But it looks like he's on the campaign trail for democratic candidates there in Iowa and Wisconsin, but people are gonna be whispering about twenty twenty. Are they going to say it like that? Twenty twenty Barbara Walters out. Gary, and Shannon will continue just a moment..

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