On President Trump’s first day in office, he issued an executive order titled “Protecting the Meaning and Value of American Citizenship,” attempting to change the current understanding of the Fourteenth Amendment by declaring that the children of illegal immigrants or people on temporary visas born in the United States are not granted citizenship. While many Americans may agree that the unfortunate realities of “birth tourism” and “anchor babies” in the U.S. need to be curbed or stopped, Trump’s executive order has been criticized as unconstitutional and the wrong way to approach the issue. How are presidents of both parties subverting Congress in their pursuit of legislative goals? And how did President Obama’s action on DACA and President Biden’s declaration on the Equal Rights Amendment help create precedent for Trump’s actions today?

Adam White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.

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