If the nation’s rules and laws were a game of rock, paper, scissors, the Constitution would beat everything. The Constitution is above it all. One of the most limited forms of power is the presidential executive order. Executive orders are limited in scope to the Executive Branch.
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Donald Trump has demonstrated over the years that he doesn’t know the difference between executive orders and laws. During his second administration, Trump has signed executive orders and behaved as if they are laws only for the courts to come along and throw out his executive orders as unconstitutional.
This dynamic plays out on a regular basis in the courts. For example, all of Trump’s executive orders on election reform have been tossed out, as the courts continually rule that Trump has no authority or power over elections.
On Monday, the Supreme Court struck down Trump’s executive order stating that postmarked ballots arriving after Election Day can’t be counted.
On Tuesday, the court ruled that Trump’s executive order ending birthright citizenship violated the Constitution.
This was an easy ruling that everyone should have seen coming.
Birthright citizenship is in black and white in the Constitution.
However, some Republicans, like Speaker Mike Johnson, were unhappy with the ruling.