In Dred Scott v. Sandford (1857), considered by many Constitutional law scholars to be the Supreme Court’s worst decision, Chief Justice Roger Taney wrote that slaves were not citizens even if they were taken to a free state. He then went on to say that black people in the U.S. could never be American citizens because they were black. Their children also could not be citizens. There would always be an underclass of non-citizens.
In 1868, after the Civil War, the 14th Amendment was adopted. The first line in that amendment is clear and easy to understand. “All persons born or naturalized in the United Stares and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The president at that time was Andrew Johnson. He opposed adoption of the Amendment. He is reputed to have said, “This would mean that even Chinese could become citizens.” Or, as I told generations of American government sudents, “If you are born here, you are one of us.” You are an American. End of story.
When Americans decided they had enough of Prohibition, did the President issue an executive order ending it? No, he did not. Presidents have no power to change an Amendment. Did Congress pass a law ending Prohibition? No, it did not. Congress can’t change an Amendment. Did the Supreme Court declare Prohibition unconstitutional? No, it did not. The Supreme Court cannot declare part of the Constitution unconstitutional.
The only way you can change an Amendment is to adopt another Amendment. Today three Supreme Court justices did not understand that basic fact that my American government students understood. This is how far this Supreme Court has sunk.
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