@maporsche,
Quote: Our constitution is designed to change with the times.
If you mean the provision for changing it by amendment, then yes it was.
We, as a people; through our elected representatives, can change any part of the Constitution we believe needs changing.
You and others have created a strawman against whom to argue.
There is plenty of widespread sentiment in the US that the 2nd Amendment
should not be changed. I guess I must have missed all the times Wayne LaPierre, Dana Loesch and all of those conservative leaders, elected officials, lawyers, pundits and activists over the years have insisted that the 2nd Amendment
cannot be changed.
Gun-control advocates are more than welcome to attempt to change the 2nd Amendment. I've been calling on them to try for years now, but, of course, no such effort has been forthcoming. Instead, they continuously attempt to change the 2nd Amendment by state and federal statute, buttressed by liberal judges.
Trump is, depending upon your point of view, pulling a political stunt, attempting a shameless assault on the Constitution, or cleverly trying to have the USSC render the Herculean task of amending the Constitution unnecessary.
Baldimo makes a good point in noting that efforts like this have, in the past, been repeatedly made as respects the 2nd Amendment and they, repeatedly, have been stopped by the USSC. To my knowledge, no president or lawmaker has attempted this in the past as respects the 14th Amendment. If (as is not the case with the 2nd Amendment) the wording and intent of the 14th Amendment has never been adjudicated in the USSC, then it is open to interpretation. The Supreme Court, not legal scholars, pundits or the president, are the final arbiters on what it means and doesn't mean.
Personally, I think it's a political stunt intended for the mid-terms. It is almost certain that a judge somewhere will step in to prevent the Administration from taking action based on Trump's interpretation, and I would bet money right now that if the matter did reach the USSC, that the lower court's ruling would be substantially upheld. The 14th Amendment has been consistently interpreted to apply to any person born on US soil, and changing the manner in which it is applied overnight and without addressing (in a manner consistent with the legal argument being used) the impact it would have on persons granted citizenship based solely on their being born on US soil would cause societal disruption and legal ambiguity.
The president, clearly, does not have the authority to change the Constitution, and I don't believe Trump truly thinks he does. His administration though can implement policy and practices based on its interpretation of a provision. In this case, doing so, based on say the argument that the 14th Amendment was intended only to provide immediate citizenship to freed slaves, might pave the way for putting a stop to any incentive for illegal immigrants to anchor their family to the US through the birth of a child on US soil, but it would also open the door to all sorts of problems concerning the legitimacy of the citizenship of those who have been granted it by virtue of the 14th Amendment over the past 100 years, and possibly even those who are citizens by virtue of their being born to US citizens. If your great-great-grandparents' citizenship is delegitimized, what does that do to yours? It could lead to complete chaos.
In the unlikely event that the president and his advisors seriously believe this is a justifiable action; based on sound legal scholarship, they may also think they can get around the can of worms it would create by
grandfathering in anyone born on US soil prior to the enactment of his EO. I don't, however, believe they can because having taken an official stand on the interpretation of the Amendment (i.e. It only applies to freed slaves) they can't then grant themselves the authority to change it (i.e. through a grandfathering provision) to avoid the mess they would cause. In for a penny, in for a pound.
I don't favor this provision of the Constitution, but I also don't favor an effort to arrive at new outcomes by applying it based on a novel interpretation. There is little to no chance that it would succeed and the Law of Unintended Consequences would likely kick in if it was in any way successful. I would much prefer to see it taken head-on with an amendment effort which could easily address the potential problems I've described.
Again, I believe this is nothing more than a political ploy. I can't say I'm a big fan of such stunts, but it's the way of our world and if doesn't extend beyond campaign rally rhetoric, no harm no foul. Even if he actually issues an EO on this, the world is hardly going to come to an end. Before one person was affected, a judge somewhere in this country would block it.
I'm 100% certain we would hear from a cavalcade of Dem politicians and "
strategists" as well as every liberal pundit out there, decrying the angst and emotional suffering Trump's
heartless, and Un-American EO imposed on illegal immigrant women who are pregnant,[/i] but so what? I would be bothered more by the waste of government resources. It obviously won't switch any votes from Blue to Red, and I just can't imagine it would do anything to get out the GOP Vote. I'm hoping he doesn't go through with the EO, but it would be fun to watch heads explode on CNN and see what hyperbolic nonsense they have left to spew at him.
Having said all this, I don't think anyone who opposes constant
extra-Constitutional efforts to change the 2nd Amendment is being hypocritical if they think it's worth a (first and only) shot at the 14th through statute or executive order. I don't agree with them, but they're not hypocrites.