The Relationship Between the Judiciary and Public Opinion

Public Opinion 

Majority of Americans greatly objected the issue of separating immigrant families at the borders, saying that immigration is healthy for the country. According to the polling organization by the name of Gallup, three in every four Americans agree that immigration is healthy for the nation despite the president's message on anti-immigration (Chokshi, 2018). Ideally, 75% of Americans in a survey of above 1500 adults agreed that immigration should be allowed (Chokshi, 2018). Moreover, 65% of Republicans and 85% of Democrats embraced the issue of immigration with positivity (Chokshi, 2018). On the contrary, only 29% of Americans think that immigration should be reduced, indicating the least share to be recorded by Gallup as from 1965 (Chokshi, 2018). Therefore, the public does not appreciate the president's idea because they feel that amending the constitution would lock immigrants out, and their contribution to the economy should be well rewarded. 

Executive Order 

The president's attempt is unconstitutional and is also not well received by the public. Ideally, President Trump's attempt has encountered too much resistance, including severe push-back from individuals in his own party (Davis, 2018). For instance, Paul Ryan (House Speaker) says that it is impossible for the president to use executive order to eviscerate birthright citizenship. Notably, the president cannot overrule the 14th amendment to the constitution through presidential action (Davis, 2018). Changes can only be executed upon a massive majority support in the states or Congress through a constitutional convention or two-thirds vote of the two houses of Congress. Another issue that makes the executive order challenging is the fact that Trump suggests that the White House Counsel's Office has advised him on the executive order which he can use without having to consider Congress action to be able to make the change (Davis, 2018). As a result, Trump's administration discourages legal immigrants from making use of the public benefits following the federal rule. Civil rights groups have retaliated from the proposal, thus leading to negative public opinion in which people perceive the move as one that can result into exploited fears, racial tensions, and lead to instigate further polarization (Davis, 2018). 

Supreme Court 

According to Vice President Mike Pence, the issue of the 14th amendment is subject to debate since the Supreme Court has not ruled on part of the content in the clause that says 'subject to the jurisdiction thereof' (Davis, 2018). However, the 14th amendment is all inclusive as it bridges the promise of the Declaration of Independence. This promise is vital in that it gives a constitutional commitment that everybody who is born in the United States should share in equality (Conway & Kaytal, 2018). The constitution clearly states that any person born or naturalized in the United States are citizens of the United States. Therefore, it is clear enough that President Donald's move is unconstitutional since it intends to group the immigrants as unworthy people for citizenship of the United States (Conway & Kaytal, 2018). 

Intend of the 14th Amendment 

The main intention of the 14th amendment was to stop slavery and incorporate former slaves into the country as worthy and equal citizens (History.com Editors, 2018). Ideally, the 14th amendment was an advancement of the 13th amendment which sought to abolish slavery and safeguard the rights of black Americans. 

Trump's Pursue 

For a constitutional amendment to take root, the president should follow certain procedures. First, changes can only be executed upon a massive majority support in the states or Congress through a constitutional convention or two-thirds vote of the two houses of Congress (Davis, 2018). Thereafter, ratification can happen after the majority vote succeeds. 

Required Number of States 

One of the most challenging issues in the U.S. is the amendment of the constitution (Desilver, 2018). Ratification only happens when three-quarters of the states support the amendment. Notably, the required threshold has never been met, and thus the issue of immigration is unlikely to change the pattern that has been in place (Desilver, 2018). 

References 

Chokshi, N. (2018). 75 Percent of Americans Say Immigration is Good for County, Poll Finds. The New York Times. Retrieved from www.nytimes.com/2018/06/23/us/immigration-polls-donald-trump.html 

Conway, G.T & Kaytal, N. (n.d). Trump's Proposal to end Birthright Citizenship is Unconstitutional. The Washington Post. Retrieved from www.washingtonpost.com/opinions/trumps-proposal-to-end-birthright-citizenship-is-unconstitutional/2018/10/30/4615ab5c-dc85-11e8-b3f0-62607289efee_story.html?utm_term=.e35e362152b2 

Davis, J. H. (2018). President Wants to Use Executive Order to End Birthright Citizenship. The New York Times. Retrieved from www.nytimes.com/2018/10/30/us/politics/trump-birthright-citizenship.html 

Desilver, D. (2018). Proposed Amendments to the U.S. Constitution seldom go Anywhere. Pew Research Center. Retrieved from www.pewresearch.org/fact-tank/2018/04/12/a-look-at-proposed-constitutional-amendments-and-how-seldom-they-go-anywhere/ 

History.com Editors. (2018). 14th Amendment. History. Retrieved from www.history.com/topics/black-history/fourteenth-amendment