I doubt that he will carry through with this.
As we showed on other threads, the President can direct the changes be made to 31 CFR 515.329 where the phrase “subject to the jurisdiction of” is defined for use within the CFR (issuing passports, identifying citizens).
So why doesn’t he or is he just using the issue as a motivator?
This is an excellent analysis of both the history behind the 14th Amendment and the powers of the President/Executive Branch to interpret law and the Constitution.
WRT whether the President will, in fact, issue the E.O. that he mentioned a few weeks ago, here’s my take: he is, above all else, a negotiator who is tenacious and imaginative in getting what he wants. Thus, he could easily go one of two ways:
1) Issue the EO, and while the other side is busy running around with its hair on fire, and while the other side gets a temporary stay on enforcement of the EO in some favorable court and we’re waiting for the Supremes to make a decision, he can negotiate behind closed doors to come up with a policy that, while not perfect, will be a very substantial improvement over our present situation.
2) Don’t issue the EO, but make sure that the other side KNOWS that it has already been vetted by a multitude of appropriate legal counsel, and is typed up and ready to go, and that if they don’t play ball toward a Congressional declaration that makes sense for this country, he can/will issue the EO within X days or hours. He’ll let them know that he is aware that there’ll be a temporary stay and a long court process, but that he’s willing to do it and will mercilessly hammer them in the court of public opinion.
In the end, we’re going to get a much better policy than we have right now - because now this master negotiator is working for the good of the country.
This is no different in principle from his trade negotiations. He’s willing to go balls to the wall, knowing that it’ll hurt the other guy more - and LETTING THEM KNOW IT, because he doesn’t have to play the usual political games with all of the false niceties. Sometimes he works out a trade deal behind the scenes, sometimes we end up with a temporary trade war...but, always, he wins.
Nope. This is nonsense.