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Trump’s Executive Actions on Birthright Citizenship Face Legal Obstacles

President Donald Trump’s recent decision to challenge the constitutionally protected right to birthright citizenship has sparked a legal battle that could have far-reaching implications. This move is just one of several contentious executive actions by the Trump administration that legal experts predict will face significant pushback from judges and could potentially be struck down by the Supreme Court.

Birthright Citizenship: A Fundamental Right Under Threat

The right to birthright citizenship, enshrined in the Constitution’s 14th Amendment, has long been a cornerstone of American identity. However, Trump’s executive order seeks to reinterpret this fundamental right, focusing on a specific clause that refers to individuals “subject to the jurisdiction” of the United States. This reinterpretation could have profound implications for the children of undocumented immigrants born in the U.S.

Legal scholars on both sides of the political spectrum have emphasized that birthright citizenship is a constitutionally mandated principle intended to ensure equal rights for all individuals born on U.S. soil. Despite attempts to challenge this consensus, most experts argue that the 14th Amendment’s language was never intended to exclude certain groups from citizenship.

The Alien Enemies Act: A Controversial Legal Maneuver

Another contentious executive action by Trump involves invoking the Alien Enemies Act, an 18th-century law that grants the president broad powers to detain or deport foreign nationals in times of war. Trump’s order to make preparations for using this law has raised concerns among legal experts who question its applicability in the current context.

The legality of invoking the Alien Enemies Act hinges on the nation’s wartime status, which could limit Trump’s ability to utilize this law for immigration enforcement purposes. While the act has historical precedent in wartime scenarios, its invocation during peacetime raises significant legal challenges that may ultimately undermine its effectiveness.

Challenges with Federal Funding and Executive Authority

In addition to these immigration-related issues, Trump’s administration has faced legal scrutiny over efforts to reallocate congressional funding for construction projects and environmental programs. The president’s attempts to redirect funds appropriated by Congress for specific purposes have sparked debates over the limits of executive authority and the separation of powers.

The legal battles surrounding federal funding allocation highlight the complexities of budgetary decisions and the role of Congress in overseeing government spending. As Trump’s administration continues to navigate these legal challenges, the outcomes remain uncertain, with potential implications for future presidential administrations and the balance of power within the federal government.

Overall, the legal obstacles facing Trump’s executive actions underscore the ongoing tensions between presidential authority, constitutional principles, and the rule of law. As these issues play out in the courts, the implications for immigration policy, government spending, and executive power will continue to shape the legal landscape in the United States.

This article first appeared on NBCNews.com. Read more from NBC News here:
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