To the extent it was given any thought, Trump's idea of using an executive order to end birthright citizenship raises some ideas conservatives might not like.
Why? Implicit in the order is that changed circumstances since the Constitution including amendments is written matter in law, and we live in a different society today. (Obviously in 1868 travel was difficult, and increasing the European population was desired by the framers).
I imagine if this goes to the Supreme Court the other argument will be national security.
But think this out - couldn't exactly the same argument be used to say the 2nd Amendment can be changed by executive order as well?
What Trump proposes is radical - a president can overrule the Constitution. He'd sure like to. I'd like to think the SC would vote 9-0 against him (I think at worst it would be 5-4 or 6-3). But he'd be setting a precedent for any successor to do the same thing on other issues.
