The Dictatorship
There’s a simple reason Trump cannot simply erase birthright citizenship
On his first day in office, President Donald Trump signed an executive order that purportedly would end what is known as birthright citizenshipthe concept that anyone born in the United States is a U.S. citizen. That right is enshrined in the 14th Amendment to the Constitution.
Just as a president does not have the authority to establish a national religion, or stay in office for a third term, the president does not have the authority to erase protections set forth in an amendment to the Constitution. To claim such authority is cynical at best, a sop to nativist elements on the right that should not survive legal challenge. But, in the meantime, millions of lives could be thrown into disarray with the president’s stroke of the pen, and perhaps that’s the point.
The notion of birthright citizenship was established as a principle of law in England in the 1600s and was enshrined in the U.S.’ “Second Founding,” the passage of the 13th, 14th and 15th Amendments to the Constitution in the wake of the Civil War.
The president does not have the authority to erase protections set forth in an amendment to the Constitution.
The 14th Amendment, which guarantees to anyone born within the United States the rights and protections of citizenship, was a direct response to the Supreme Court’s infamous Dred Scott decision of 1857. That decision became one of the many sparks that contributed to the Civil War. There, the court not only found unconstitutional any efforts by Congress to “compromise” around the spread of slavery to new U.S. territories and states; it also determined that enslaved persons, even ones who had resided in areas that prohibited slavery, did not enjoy the rights of citizens. The decision helped galvanize and harden public opinion around slavery, both among those who opposed it and those who supported it and wanted it to operate unfettered by federal law.
After the end of the war and during Reconstruction, Congress passed these amendments with the explicit purpose of ending slavery and involuntary servitude in all their forms. The 14th Amendment’s opening text provides that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Because of that language, the president cannot, with the stroke of a pen, rewrite the Constitution.
Nor can Congress. Indeed, roughly 30 years after passage of the 14th Amendment, Congress attempted to exclude from its protections individuals born in the U.S. who were the children of Chinese parents. But the Supreme Court, in United States v. Wong Kim Arkfound that any person born within the United States was entitled to benefit from the citizenship provisions of the 14th Amendment. The plain language of the amendment made that clear and the court endorsed that obvious position.
So what would it really take to rewrite the 14th Amendment? Well, another amendment, which would require not just a two-thirds vote in both houses of Congress in favor of repeal of the 14th Amendment, but also ratification by three quarters of the states. Such events are highly unlikely. The Constitution is hard to amend, as it should be. And the notion that the president can sidestep that process is simply preposterous.
Now, that likely will not stop the president and those who wish to see the end of birthright citizenship as enshrined in the Constitution from trying. Indeed, it was a pillar of the Project 2025 playbook. That does not change the fact that the Constitution protects this path to citizenship and only an amendment to the Constitution can change it.
But that does not mean that the president’s effort to try to rewrite the Constitution with the stroke of a pen will not disrupt lives in the meantime. The cruelty of such a cynical move may be exactly what those who wish to end birthright citizenship wish to achieve.
The lives of real people will not be upended, and all for a cynical, cruel and unconstitutional joyride. But that may be the point.
Certainly, such a step would be met promptly by lawsuits challenging the action. In fact, a collection of 18 state attorneys general and some cities have already filed a suit against the order. Perhaps some judge, somewhere, will consider such an action permissible and refuse to prevent it from going into effect. Would it only prevent citizenship from being conferred on those born on U.S. soil in the future as the order purports to do? Could a judicial ruling approving the order invite the administration to seek to strip current citizens of their status?
But the Supreme Court — even this conservative court — will be hard-pressed to engage in down-is-up, up-is-down, Alice-in-Wonderland thinking: that the explicit words of the Constitution, as interpreted consistently for roughly a century-and-a-half, do not mean what they say.
Nevertheless, the president is seeking to end birthright citizenship; such action should be deemed contrary to the plain text of the Constitution. At the same time, lower court endorsement of the position might embolden even more aggressive steps by the administration, even if the Supreme Court should ultimately say the order is unconstitutional, which it should. That does not mean that, in the interim, the lives of real people will not be upended, and all for a cynical, cruel and unconstitutional joyride. But that may be the point.
Ray Brescia
Ray Brescia is a Professor of Law at Albany Law School and author of the forthcoming book, “The Private Is Political: Identity and Democracy in the Age of Surveillance Capitalism.”
The Dictatorship
Judge sides with NYT against policy limiting reporters’ Pentagon access
WASHINGTON (AP) — A federal judge agreed Friday to block the Trump administration from enforcing a policy limiting news reporters’ access to the Pentagon, agreeing with The New York Times that key portions of the new rules are unlawful.
U.S. District Judge Paul Friedman in Washington, D.C., sided with the newspaper and ruled that the Pentagon policy illegally restricts the press credentials of reporters who walked out of the building rather than agree to the new rules.
The Times sued the Pentagon and Defense Secretary Pete Hegseth in December, claiming the credentialing policy violates the journalists’ constitutional rights to free speech and due process.
The current Pentagon press corps is comprised mostly of conservative outlets that agreed to the policy. Reporters from outlets that refused to consent to the new rules, including from The Associated Press, have continued reporting on the military.
The Defense Department has been letting some of the legacy media reporters that didn’t agree to the restrictions back in the Pentagon for some of Hegseth’s Iran war briefings. Hegseth rarely calls on them, although he did recently take questions from reporters like Eric Schmitt of The Times and Luis Martinez of ABC.
Friedman, who was nominated to the bench by Democratic President Bill Clinton, said the policy “fails to provide fair notice of what routine, lawful journalistic practices will result in the denial, suspension, or revocation” of Pentagon press credentials. He ruled that it violates the First and Fifth amendment rights to free speech and due process.
“Those who drafted the First Amendment believed that the nation’s security requires a free press and an informed people and that such security is endangered by governmental suppression of political speech. That principle has preserved the nation’s security for almost 250 years. It must not be abandoned now,” the judge wrote.
Pentagon spokesperson Sean Parnell posted late Friday on X, “We disagree with the decision and are pursuing an immediate appeal.”
Times lauds ruling as boon for press freedom
New York Times spokesperson Charlie Stadtlander said the newspaper believes the ruling “enforces the constitutionally protected rights for the free press in this country.”
“Americans deserve visibility into how their government is being run, and the actions the military is taking in their name and with their tax dollars,” Stadtlander said in a statement. “Today’s ruling reaffirms the right of The Times and other independent media to continue to ask questions on the public’s behalf.”
Theodore Boutrous, an attorney who represented The Times at a hearing earlier this month, said in a statement that the court ruling is “a powerful rejection of the Pentagon’s effort to impede freedom of the press and the reporting of vital information to the American people during a time of war.”
The judge ordered the Pentagon to reinstate the press credentials of seven Times journalists. He also said his decision to vacate the challenged policy terms applies to “all regulated parties.”
Noting that part of the ruling, the Pentagon Press Association — which includes AP reporters — called for the immediate reinstatement of the credentials of all its members.
The PPA released a statement saying: “This is a great day for freedom of the press in the United States. It is also hopefully a learning opportunity for Pentagon leadership, which took extreme steps to limit press access to information in wartime.”
The Defense Departmant has argued that the policy imposes “common sense” rules that protect the military from the disclosure of national security information.
“The goal of that process is to prevent those who pose a security risk from having broad access to American military headquarters,” government attorneys wrote.
Times attorneys claim the policy is designed to silence unfavorable press coverage of President Donald Trump’s administration.
“The First Amendment flatly prohibits the government from granting itself the unbridled power to restrict speech because the mere existence of such arbitrary authority can lead to self-censorship,” they wrote.
Judge finds Pentagon tried to weed out ‘disfavored’ journalists
The judge said he recognizes that “national security must be protected, the security of our troops must be protected, and war plans must be protected.”
“But especially in light of the country’s recent incursion into Venezuela and its ongoing war with Iran, it is more important than ever that the public have access to information from a variety of perspectives about what its government is doing — so that the public can support government policies, if it wants to support them; protest, if it wants to protest; and decide based on full, complete, and open information who they are going to vote for in the next election,” Friedman wrote.
Friedman said the “undisputed evidence” shows that the policy is designed to weed out “disfavored journalists” and replace them with those who are “on board and willing to serve” the government, a clear instance of illegal viewpoint discrimination.
“In sum, the Policy on its face makes any newsgathering and reporting not blessed by the Department a potential basis for the denial, suspension, or revocation of a journalist’s (credentials),” he wrote. “It provides no way for journalists to know how they may do their jobs without losing their credentials.”
Pentagon must update judge in a week
The Pentagon had asked the judge to suspend his ruling for a week for an appeal. Friedman refused. He gave the Pentagon a week to file a written report on its compliance with the order.
The Times argued that the Pentagon has applied its own rules inconsistently. The newspaper noted that Trump ally Laura Loomera right-wing personality who agreed to the Pentagon policy, appeared to violate the Pentagon’s prohibition on soliciting unauthorized information by promoting her “tip line.” The government didn’t object to Loomer’s tip line but concluded that a Washington Post tip line does violate its policy because it purportedly “targets” military personnel and department employees.
The judge said he doesn’t see any meaningful difference between the two tip lines.
“But the problem is that nothing in the Policy explicitly prevents the Department from treating these two nearly identical tip lines differently,” Friedman added.
__
Associated Press writers Konstantin Toropin in Washington and David Bauder in New York contributed to this report.
The Dictatorship
‘Shamefully stupid’: Critics blast U.S. move to lift Iran oil sanctions
Critics say the Trump administration’s decision to halt sanctions on Iranian oil — in a bid to curb soaring energy prices caused by the intensifying war — benefits the very regime the United States is fighting.
“It’s very clear that the Trump administration is trying to alleviate some of these global energy and oil market pressures, but at the same time, what they’re doing is allowing Iran to be able to benefit from that relaxation of sanctions,” former CIA Director John Brennan said on MS NOW’s “The Weekend” on Saturday. “It shows the inconsistencies in these policies.”
Brennan, MS NOW’s senior national security and intelligence analyst, predicted the conflict will last “a long, long time, and it’s going to be very, very dangerous for U.S. national security interests.”
Philip Gordon, a former national security official in the Biden, Obama and Clinton administrations, accused Trump of hypocrisy for “giving Iran up to ten times” the amount of money that former President Barack Obama sent to the country in 2016.
When Obama sent Iran $400m + $1.3bn in interest in 2016 Trump called it “insane” and he and others spent a decade mocking the idea of “pallets of cash” even though it was Iran’s own money, American prisoners were released, courts were likely to require the U.S. payment, and Iran… https://t.co/RhP8nZRT9D
— Phil Gordon (@PhilGordonDC) March 21, 2026
Treasury Secretary Scott Bessent announced the pause in sanctions in a post on X Friday, saying it would add roughly 140 million barrels of oil to global markets. He said Iran “will have difficulty accessing any revenue generated” from those sales, and that the U.S. will essentially “be using the Iranian barrels against Tehran to keep the price down.”
But critics, including those in Congress, which did not authorize President Donald Trump’s decision to wage war on Iran jointly with Israel, say easing sanctions on the Islamic Republic helps Tehran no matter how the administration tries to sell it.
Sen. Jeanne Shaheen, D-N.H., ranking member of the Senate Foreign Relations Committee, accused the administration of “giving the regime a financial lifeline.”
“To say the President has no plan is an understatement,” she said in a statement on X.
“The Trump Administration is lifting sanctions on Iranian oil, giving the regime a financial lifeline while Americans continue to feel the impact of @POTUS’s war.
To say the President has no plan is an understatement.” –@SenatorShaheen https://t.co/tiiHbD9NaF
— Senate Foreign Relations Committee (@SFRCdems) March 20, 2026
In an attempt to stem the economic fallout from the war, as Iran’s closure of the Strait of Hormuz destabilizes global energy markets, the Trump administration also lifted sanctions on Russian oil last week, angering European allies who want to continue exerting economic pressure on Moscow.
“Sickeningly, shamefully stupid—lifting sanctions on oil sales by Russia & Iran, fueling their war machines with windfall cash,” Sen. Richard Blumenthal, D-Conn., said in a social media post on Friday. “A minimal benefit to oil prices, but huge boost to sworn enemies.”
Tommy Vietor, a former National Security Council spokesman in the Obama administration, said“This is the biggest, dumbest concession ever given to Iran by the US and all you need to know about what a disaster Trump’s policy is.”
Neither Trump nor members of his administration have given a definitive timeline for U.S. involvement in the war. Trump told MS NOW’s Stephanie Ruhle on Friday that it would take Iran 10 years to rebuild if the U.S. ended the war now, but suggested that was not acceptable to him.
“If we stay longer, they’ll never rebuild,” he said.
Still, the president indicated later in the day that he is thinking of an exit soon. In a post on Truth Social, Trump said he is considering “winding down” the military operation against Iran and claimed that the U.S. is “getting very close to meeting our objectives” — despite having said repeatedly that the U.S. has “won” the war.
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
The Dictatorship
Trump threatens to deploy ICE to run airport security during shutdown
President Donald Trump says U.S. Immigration and Customs Enforcement officers will take over security at the nation’s airports amid staffing shortages and extensive lines as soon as Monday if Democrats won’t back a GOP government funding bill.
“If the Democrats do not allow for Just and Proper Security at our Airports, and elsewhere throughout our Country, ICE will do the job far better than ever done before!” Trump said in a post on Truth Social Saturday afternoon as the Senate met in a rare weekend session. “I look forward to moving ICE in on Monday, and have already told them to, ‘GET READY.’”
The president doubled down on a threat he made earlier in the day after Senate Republicans blocked a long-shot attempt by Minority Leader Chuck Schumer to pay TSA agents separately while the Department of Homeland Security shutdown drags on. A funding bill failed to pass the Senate for the fifth time on Friday.
“If the Radical Left Democrats don’t immediately sign an agreement to let our Country, in particular, our Airports, be FREE and SAFE again,” Trump wrote earlier on Truth Social“I will move our brilliant and patriotic ICE Agents to the Airports where they will do Security like no one has ever seen before, including the immediate arrest of all Illegal Immigrants who have come into our Country, with heavy emphasis on those from Somalia.”
MS NOW has reached out to ICE and DHS for comment.
Flight delays and long security lines at airports have become a pattern over the past week as more TSA agents — who are required to work without pay — are not showing up. Acting deputy TSA administrator Adam Stahl told CBS News this week that officials “may have to shut down airports” if funding continues to stall.
Homeland security funding has lapsed for weeks as Democrats maintain their demands for reforms to the department’s heavy-handed and even lethal immigration enforcement tactics.
Schumer on Saturday urged his Senate colleagues to support his effort to force a vote on funding for TSA agents. “It’s unacceptable for workers and travelers and entire airports to get taken hostage in political games,” the New York Democrat said. “But that’s what the Republicans are doing. It is unacceptable to say we will only pay TSA workers if it is attached to a bill that funds ICE with no reforms. But that’s what the Republicans have been doing.”
Clarissa-Jan Lim is a breaking news reporter for MS NOW. She was previously a senior reporter and editor at BuzzFeed News.
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