This Trump order lacks fundamental understanding of the Constitution — here’s why: scholar

27 March

On Tuesday, March 25, President Donald Trump signed yet another executive order — this time, one requiring proof of U.S. citizenship on election forms.

Austin Sarat, a political science professor/journalist who teaches at Amherst College in Massachusetts, criticizes the order's flaws in an article published by Salon two days later.

First, Sarat notes, non-citizens cannot legally vote in federal or state elections in the U.S. Second, Sarat adds, Trump "has no authority over elections" — as the U.S. Constitution "assigns that responsibility to the states."

But the problems with Trump's executive order, according to Sarat, go way beyond legal matters. Trump, Sarat laments, "is trying to change the meaning of what it means to be an American."

"That is why the president's order targets 'foreign nationals,'" Sarat explains. "It, and the president's obsession with illegal immigration, are designed to change the way people in this country think of themselves. Throughout our history, the meaning of being American has been tied to a particular understanding of our founding documents, especially the Constitution. Americans are bound together by what some have called a 'civil religion.' That is what the president's words and deeds, like the executive order he signed earlier this week, threaten to destroy."

Sarat stresses that the "identity" of Americans isn't tied to race or a particular religion, but to the ideas in the Constitution.

Sarat writes, "As NPR notes, 'America, unlike some countries, is not defined by a common ancestry, nor is it tied to an official faith tradition. But it does have a distinct identity and a quasi-religious foundation…. Or, as law professors Amy Chua and Jeb Rubenfeld argue, 'Americans were to be united through a new kind of patriotism — constitutional patriotism — based on ideals enshrined in their founding document.'"

Sarat continues, "This is not to say that this country has lived up to its creed or always put those ideals into practice. All too often, it has deviated from that creed's most significant commitments. Our history is marked by many instances in which people’s inalienable rights have been violated or when they were targeted in spite of their adherence to and belief in our 'civil religion.' But many of them have seen through and beyond those injustices. They had faith in this country and believed in its better angels."

Austin Sarat's full article for Salon is available at this link.

From Your Site Articles