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Donald Trump Vs The US Constitution

Donald Trump's executive orders will face long legal challenges and trips to the Supreme Court

| Photo: AP

𓄧Since taking oath as the 47th President of the United States, Donald Trump has signed a flurry of executive orders, a majority of which would require major changes in the US Constitution.

ê©ČHours after Donald Trump returned for a second term, the White House website was refreshed, showing the return of the Republican leader.

🌜However, with his return, several aspects of the website disappeared such as the Spanish website, information on previous presidents and the Constitution.

đŸŠ©While Trump's team has stated that the website is still being updated, many fear that this may be a glimpse of the next four years where the President may show no regard for the Constitution.

Donald Trump's executive orders would require a long legal challenge and a trip to the Supreme Court đŸŒfor a constitutional amendment. Here's a look at the US Constitution and how it can be amended under Trump 2.0.

Creation of the US Constitution

ꊗThe US constitution was drafted after a Constitutional Convention was formed in 1787, with the aim to "create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk."

𝔍The constitution came into effect in 1789, making it the oldest among the government charters. It dictated the frame of the federal government in the US, separating the government into three branches--executive, legislative and judiciary--to keep power in check.

Process of Amendment

Under Article 5, the US Constitution can be amended using two methods. The first is the proposal for the amendment in Congress ꊐcan passed by a two-thirds majority vote. The second is by a constitutional convention called by two-thirds of the States.

𓆉An amendment is made to the constitution once it is ratified by three-fourths of state legislatures.

đŸŠčThe process of an amendment to the US Constitution has been historically challenging. To date, only 27 of 33 proposed amendments have been ratified and are now part of the constitution.

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Can Trump Amend The Constitution?

đŸ”„POTUS has a right to issue executive orders under the Constitution, but these said orders must not override the laws mentioned in the Constitution.

♕However, in certain cases, the president can be accused of violating their constitutional duty to "faithfully execute" the laws as per Article 2.

đŸ„€Even if Trump opts for the legislative route to amend the constitution, while both the Congress and the Senate in Washington are under Republican control at present, Trump does not have the two-thirds majority required for an amendment. Also, it is not necessary that members of his own Republican party will support his moves.

Hours after assuming office, Trump signed an order to bring an end to birthright citizenship✱ for immigrants in the country. Based on this order, children born on US soil to any illegal/undocumented immigrants or those on temporary visas, will not be eligible for citizenship.

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ꊅTrump's executive order is a clear violation of the 14th Amendment which guaranteed the right to citizenship, with its origins dating back to the Civil War which brought an end to the practice of slavery.

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