Tribe: Uphold Constitution, Don’t ‘Trash It’ Like Trump

Tribe: Uphold Constitution, Don’t ‘Trash It’ Like Trump

Harvard Law Professor Laurence Tribe emphasized the enduring importance of the U.S. Constitution during a recent Supreme Court hearing. He argued that the document, while imperfect, must be preserved and protected, contrasting this with what he described as former President Donald Trump’s tendency to dismiss it.

Supreme Court Hearing Highlights Constitutional Debate

The discussion arose during a Supreme Court case where a question about birthright citizenship for Native Americans put President Trump’s appointed justice, Neil Gorsuch, in a difficult spot. Gorsuch appeared unsure when asked if Native Americans today are birthright citizens under specific legal tests.

When pressed about whether children of tribal Indians are birthright citizens, Gorsuch initially responded, “I think so.” However, when asked to set aside statutory definitions and focus on the core understanding, he stated, “No, I think the clear understanding that everybody agrees in the congressional debates is that the children of tribal Indians are not birthright.” This led to further questioning about the domicile of parents as a determining factor, a point Gorsuch agreed could be a test.

Chief Justice Roberts’ Enduring Message

Professor Tribe highlighted Chief Justice John Roberts’ powerful statement during the proceedings: “Yes, it is a new world, but it’s the same Constitution.” Tribe found this comment particularly significant, calling it a fundamental point.

“The Constitution was designed to endure for the ages,” Tribe stated, echoing Roberts. “Just because there might be a different form of immigration problem today… doesn’t mean we throw the Constitution about the Constitution and how it works, and why we don’t need a new one, although this one is flawed.”

Constitution’s Adaptability and Enduring Strength

Tribe explained that the Constitution’s strength lies in its ability to adapt to new challenges. He noted that while problems like electronic surveillance are different from past issues, the core document remains relevant.

He credited the Constitution’s longevity to its connection with the ideals of the Declaration of Independence and the later Reconstruction Amendments, particularly the 13th Amendment. These additions have given the Constitution “enormous evolving potential,” allowing it to address new social and technological issues without needing to be replaced.

Protecting the Constitution, Not Trashing It

Tribe drew a sharp contrast between preserving the Constitution and the actions of former President Trump. He accused Trump of frequently calling the Constitution “stupid” and suggested that Trump’s approach was to “trash it.”

Tribe also touched upon the issue of presidential war powers, noting that Trump’s comments on a potential war with Iran were criticized as foolish and ill-thought-out. He pointed out that a crucial aspect often overlooked in such discussions is the constitutional principle that the power to declare war belongs to Congress, not the president.

Amending the Constitution, Not Rewriting It

A key takeaway from the Supreme Court hearing, according to Tribe, was the understanding that if one disagrees with a constitutional provision, the proper course of action is to amend the document, not to attempt to change it through executive orders or court cases.

“There is a process for amending it,” Tribe explained. “It’s not coming into this court with an executive order and trying to change it that way.” This process is deliberate and requires broad consensus, ensuring that fundamental rights are not easily altered.

The 14th Amendment: A Floor, Not a Ceiling

Justice Brett Kavanaugh reportedly explored the Enforcement Clause of the 14th Amendment, questioning if it could be used to reduce the scope of birthright citizenship promises. Tribe, however, firmly rejected this idea.

He agreed with legal analyst Cecilia Weng’s assessment that the 14th Amendment establishes a “floor” for rights, not a “ceiling.” Section 5 of the amendment allows Congress to expand rights, effectively raising the ceiling, but it cannot be used to undermine or diminish the fundamental guarantees already in place.

“The floor is the basic guarantee,” Tribe stated. “All citizens born or naturalized in the United States are citizens of the United States and of the state in which they reside.” He concluded that no complex legal arguments about domicile or allegiance can erode this core principle of birthright citizenship.

Looking Ahead

The Supreme Court’s deliberations on birthright citizenship and the interpretation of the 14th Amendment will likely have significant implications for future legal challenges. The emphasis on preserving the Constitution’s original intent while acknowledging its adaptability suggests a continued focus on the established amendment process for any fundamental changes to American law.

Source: Laurence Tribe: We need to preserve and protect the Constitution, not 'trash it' like Trump does (YouTube)