I’ve been having a good-faith argument with a Trump supporter recently over whether Trump deserves to be suspected of having tyrannical ambitions. I’m presenting my argument here on the off chance it might be useful to you when addressing Trump supporters in your own lives.
And I think a lot of Trump supporters will welcome this, too, because it’s grounded in verifiable facts and not just “orange man bad!”-style thinking.
Defining Tyranny
First, let’s agree that Korematsu was an outrageous act of tyranny perpetrated by Franklin D. Roosevelt. President Roosevelt stripped millions of Americans of their core Constitutional right to live freely in exchange for obeying the law. He had precisely zero authority to do this, and not even an obsequious Supreme Court could make it right. If we can agree on this, maybe we can agree on these next definitions:
- When a leader strips Americans of our rights by any means other than the rule of law, that leader is a tyrant.
- When a leader declares their intent to strip Americans of our rights by any means other than the rule of law, that leader has announced their tyrannical ambitions.
The Right to Be American
Next up: birthright citizenship in the United States. Under the Fourteenth Amendment,
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.
Trump and his fellow citizenship-deniers like to claim that children of immigrants are not “subject to the jurisdiction [of the United States],” but that’s, well, bullshit, and five minutes of research will reveal it.
The Fourteenth Amendment was enacted in 1868. Twelve years later Justice Thomas Cooley finished his law textbook, The General Principles of Constitutional Law in the United States of America. It was published in three editions, two in 1891 and one in 1898. Quoting from the 1898 edition:
The fourteenth amendment indicates the two methods in which one may become a citizen: first, by birth in the United States; and, second, by naturalization therein. But a citizen by birth must not only be born within the United States, but he must also be subject to the jurisdiction thereof; and by this is meant that full and complete jurisdiction to which citizens generally are subject, and not any qualified and partial jurisdiction, such as may consist with allegiance to some other government. The amendment, therefore, affirms the citizenship of children born within the United States of all persons, of whatever race or color; but it does not affirm the citizenship “of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory.”
Cooley’s Third Edition benefitted from a very recent Supreme Court decision, Wong Kim Ark (1898), wherein the American-born son of two Chinese nationals had his citizenship denied by the United States government on the grounds that his parentage meant he wasn’t subject to our jurisdiction. SCOTUS disagreed with exceptional vigor. Since Cooley’s final sentence quotes Wong Kim Ark, we know Cooley was keeping up with the latest jurisprudence: and since Wong Kim Ark is still the latest jurisprudence, Cooley’s remarks are still on-point.
Recap
Whew.
So let’s recap. We’ve done a lot of work defining and researching, so it’s time to summarize before moving on
- When a leader declares their intent to strip Americans of our rights by any means other than the rule of law, that leader has announced their tyrannical ambitions.
- All people born in the United States (save “children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory”) enjoy American citizenship as a blackletter right enshrined in the Fourteenth Amendment.
Trump, In His Own Words
Now let’s look at Trump. In an Axios interview first shown on HBO on November 4, 2018, he declared openly that he was going to end birthright citizenship for children of undocumented immigrants via executive order. He said it was in process and was going to happen.
In his 2024 re-election campaign he declared, “As part of my plan to secure the border, on Day One of my new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law, going forward, the future children of illegal aliens will not receive automatic U.S. citizenship.”
In his first post-re-election interview with Meet the Press, he repeated his intention to strip millions of a Constitutional right via executive order.
So this isn’t some gaffe or some half-baked thought. For at least six years, it has been Trump’s aim to—like FDR—violate the Constitutional rights of millions of Americans by executive order. To violate one of the rights most prized by Americans: the right to be American.
And so, my open question to Trump supporters:
The Important Question
How do you deny his openly and long-held tyrannical ambitions?