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    Trump Might Have a Case on Birthright Citizenship

    On his first day in office, President Trump issued an executive order that purports to end birthright citizenship for certain children. It does so despite Section 1 of the 14th Amendment, which declares, “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.”The central question raised by Mr. Trump’s order is what it means to be “subject to the jurisdiction” of the United States. The answer most legal observers give is that it includes virtually anyone born on American soil, including those whom the order is meant to exclude, namely children born to parents in the country illegally or temporarily. Indeed, on Monday, the American Bar Association described the order as an attack on a “constitutionally protected” right. Federal judges in four states have enjoined the order, with one claiming that it “conflicts with the plain language of the 14th Amendment.”Not necessarily.The Supreme Court has held, in the 1898 case United States v. Wong Kim Ark, that children born here to permanent residents are citizens. But it has never squarely held that children born to those illegally present are citizens. When the court addresses that question — which it almost certainly must — it should consider the 14th Amendment’s original purpose and the common-law principle of “jus soli,” or birthright citizenship, which informed the original public meaning of the text. Both relate to the idea of social compact and contradict today’s general assumption that the common-law principle depends solely upon place of birth.The 14th Amendment’s RootsAt the time of its adoption, the publicly known purpose of the 14th Amendment was to extend the benefits of the social compact — including, specifically, the privileges and immunities of citizenship — to African Americans newly freed after the Civil War. (Due in large part to a series of egregious Supreme Court rulings gutting the original letter and spirit of the amendment, that promise of equal citizenship was largely denied for decades.)Abraham Lincoln’s administration, rejecting the reasoning of Dred Scott v. Sandford, had already acknowledged that free African Americans were citizens. As Edward Bates, Lincoln’s first attorney general, wrote in 1862, in an official opinion, “The Constitution uses the word ‘citizen’ only to express the political quality of the individual in his relations to the nation; to declare that he is a member of the body politic, and bound to it by the reciprocal obligation of allegiance on the one side and protection on the other.”The equal protection clause, also found in Section 1 of the amendment, provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” This clause was based on the same allegiance-for-protection theory enunciated by Bates.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump Muses About a Third Term, Over and Over Again

    The president’s suggestion that he would seek to stay in office beyond the constitutional limit comes as he has pushed to expand executive authority.Standing inside the Capitol for the National Prayer Breakfast on Thursday, President Trump declared his plans to resurrect an idea he had in his first term: to create a national garden filled with statues of notable Americans.The choice of who would be included would be “the president’s sole opinion,” Mr. Trump said, chuckling. And he was giving himself “a 25-year period” to make the selections.A short time later, at a breakfast at a Washington hotel, Mr. Trump flicked again at the prospect that his time in office could extend beyond two four-year terms.“They say I can’t run again; that’s the expression,” he said. “Then somebody said, I don’t think you can. Oh.”At the National Prayer Breakfast on Thursday, Mr. Trump spoke of giving himself a “25-year period” to choose statues for a national garden.Eric Lee/The New York TimesJust eight days after he won a second term, Mr. Trump — whose supporters attacked the U.S. Capitol on Jan. 6, 2021, in an effort to prevent Joseph R. Biden Jr.’s victory from being certified — mused about whether he could have a third presidential term, which is barred by the Constitution.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Constitutional Convention? Some Democrats Fear It’s Coming.

    Some Republicans have said that a constitutional convention is overdue. Many Democratic-led states have rescinded their long-ago calls for one, and California will soon consider whether to do the same.As Republicans prepare to take control of Congress and the White House, among the many scenarios keeping Democrats up at night is an event that many Americans consider a historical relic: a constitutional convention.The 1787 gathering in Philadelphia to write the Constitution was the one and only time state representatives have convened to work on the document.But a simple line in the Constitution allows Congress to convene a rewrite session if two-thirds of state legislatures have called for one. The option has never been used, but most states have long-forgotten requests on the books that could be enough to trigger a new constitutional convention, some scholars and politicians believe.Some Democratic officials are more concerned than ever. In California, a Democratic state senator, Scott Wiener, will introduce legislation on Monday that would rescind the state’s seven active calls for a constitutional convention, the first such move since Donald J. Trump’s election to a second term.Mr. Wiener, who represents San Francisco, and other liberal Democrats believe there is a strong possibility of a “runaway convention.” They say that Republicans could call a convention on the premise, say, of producing an amendment requiring that the federal budget be balanced, then open the door for a free-for-all in which a multitude of other amendments are considered, including some that could restrict abortion access or civil rights.“I do not want California to inadvertently trigger a constitutional convention that ends up shredding the Constitution,” Mr. Wiener said in an interview.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Mount Vernon Police’s Strip Searches Were Unconstitutional, U.S. Says

    A report by federal prosecutors found that a Westchester County police department violated the Fourth Amendment “on an enormous scale.”Two women, 65 and 75 years old, were taken to a police station in Mount Vernon, N.Y., after a traffic stop in 2020. Officers instructed both women to undress. Then they were told to bend over and cough.Neither woman was arrested, and an investigation determined there had been no basis for the traffic stop in the first place. One of the women said she had been left “very humiliated” and “on the verge of fainting” from fear after the invasive search, commonly used in drug arrests.The encounter is just one example of a long-running pattern of improper strip searches conducted by the police department in Mount Vernon, in Westchester County, according to a report released Thursday by the Department of Justice and the U.S. attorney’s office for the Southern District of New York.In the 34-page report, investigators outlined “significant systemic deficiencies” at the very core of the police department that they said had resulted in unnecessarily violent encounters and improper arrests. The report also raised “serious concerns about discriminatory policing in predominantly Black neighborhoods,” according to a statement from the Department of Justice.According to the report, “highly intrusive” strip searches and cavity searches were “deeply ingrained” standard practices in the department. Investigators said that the department had acknowledged that officers performed strip searches on everyone they arrested until at least October 2022, a practice that the report said amounted to a “gross violation of the Fourth Amendment on an enormous scale.”Sometimes, these searches occurred before people were even arrested and were performed even when an officer had no reason to believe the person had drugs or other contraband, according to the report. Several people told investigators that officers had searched them repeatedly even when they had been in custody and under police observation “at all times” between the searches.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Activists Sent to Prison for Pouring Powder Over Case Holding U.S. Constitution

    One climate activist was sentenced to 18 months in prison, the other to two years. They said that they had meant to draw attention to climate change.Two climate activists who dumped red powder over the display case that holds the U.S. Constitution at the National Archives Museum in February were each sentenced this week to more than a year in prison.Judge Amy Berman Jackson of U.S. District Court for the District of Columbia on Tuesday sentenced one activist, Jackson Green, 27, of Utah, to 18 months in prison to be followed by two years of supervised release.On Friday, Judge Jackson sentenced the other activist, Donald Zepeda, 35, of Maryland, to two years in prison with two years of supervised release.They must pay $58,607.59 in restitution to the National Archives, according to court records.In an episode that was captured on video, Mr. Green and Mr. Zepeda poured powder over the display case in the rotunda of the National Archives Museum on Feb. 14 in what prosecutors described as a “stunt” that was meant to draw attention to climate change.The two men also poured powder over themselves and stood in the rotunda, calling for solutions to climate change.The Constitution was not damaged, according to the National Archives Museum, which said that the powder was made of pigment and cornstarch.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Los nombramientos temerarios de Trump

    Donald Trump ha demostrado de innumerables maneras que no es apto para la presidencia, pero una de las más claras es la compañía con la que se rodea: figuras marginales, teóricos de la conspiración y aduladores que anteponen lealtad a él por encima de todo. Esta semana, una serie de nombramientos para el gabinete por parte de Trump mostraron de la forma más cruda posible los peligros potenciales que entraña su dependencia a su círculo de allegados.Para tres de los puestos más importantes y de mayor rango del país, Trump dijo que nombraría a leales sin cualificaciones discernibles para sus trabajos, personas manifiestamente inapropiadas para puestos cruciales de liderazgo en la aplicación de la ley y la seguridad nacional.Lo más irresponsable fue su elección para fiscal general. Para ocupar el puesto de máximo responsable de la aplicación de la ley del país, el presidente electo dijo que nombraría al representante por Florida Matt Gaetz.Sí, ese Matt Gaetz.El mismo que pidió la abolición del FBI y de todo el Departamento de Justicia si no dejaban de investigar a Trump. El que estuvo entre las voces más audibles del Congreso en negar los resultados de las elecciones de 2020, quien dijo que estaba “orgulloso del trabajo” que él y otros negacionistas hicieron el 6 de enero de 2021, y quien elogió a los alborotadores del Capitolio como “estadounidenses patriotas” que no tenían intención de cometer actos de violencia. Aquel cuya maniobra para desbancar al presidente de la Cámara de Representantes, Kevin McCarthy, en 2023 paralizó el liderazgo de su propio partido en la Cámara durante casi un mes.Gaetz, quien presentó su carta de renuncia al Congreso el miércoles después de que se anunciara su nominación, fue objeto de una investigación federal sobre tráfico sexual que duró años y que condujo a una condena de 11 años de prisión para uno de sus socios, aunque él negó cualquier participación. El Departamento de Justicia cerró esa investigación, pero el Comité de Ética de la Cámara de Representantes sigue investigando las acusaciones de conducta sexual inapropiada, consumo de drogas ilícitas, aceptación indebida de regalos y obstrucción de las investigaciones gubernamentales sobre su conducta. McCarthy, el expresidente de la Cámara, culpó a Gaetz por su destitución, con el argumento de que Gaetz “quería que detuviera una denuncia de ética porque tuvo relaciones con una joven de 17 años”.

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    We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    What to Know About the Electoral College

    “This is a very unique and bespoke system that I think nobody would create again today,” one expert said.Voters are already casting ballots for local offices, state legislators, governors, every member of the U.S. House and one-third of the U.S. Senate as Election Day nears.They are also choosing the next president but with a twist: Americans will actually select the electors, who will, in turn, elect Kamala Harris or Donald J. Trump, and their running mates.Yes, there are really two elections: one in which voters cast their ballots, and a second in which the electoral votes are cast and counted. Or, in other words, the winner of the most votes nationally is not assured victory.This is the way it has been done for more than 200 years, and it is likely to endure, even though a majority of Americans would prefer to have the winner of the most votes nationally rise to the presidency.What is the Electoral College?The Electoral College is made up of 538 elected members, one for each U.S. senator and U.S. representative, plus three for Washington, D.C.A presidential candidate needs to win a simple majority of them (270) to win the White House. The electors meet and cast votes for president and vice president in mid-December.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Rare Copy of U.S. Constitution Sells for More Than $11 Million

    The document, which was sold to an anonymous bidder at an auction in North Carolina, was among the first copies of the Constitution ever printed, experts said.A rare copy of the United States Constitution that was printed shortly after the Constitutional Convention in 1787 and played a role in the document’s adoption by the original 13 states sold for more than $11 million during a live auction on Thursday evening.The high bid, from a buyer whose identity was not disclosed, was $9 million. That does not include the buyer’s premium of 23 percent or the taxes, which were not disclosed.The sale was handled by Brunk Auctions, which is based in Asheville, N.C. Bidding began at $1.1 million but quickly jumped to $5 million. It took just over seven minutes before the bidding closed at $9 million, said Nancy Zander, director of external affairs for Brunk Auctions.“It was a spectacular price,” Ms. Zander said in an interview Friday night. “It’s really important that important things get strong prices.”The copy of the Constitution was found two years ago in a filing cabinet in the house at Hayes, a farm once owned by Samuel Johnston, who served as governor of North Carolina from December 1787 to December 1789. The document’s discovery garnered national attention for being an early copy of the document and for the role it played in the document’s ratification.After the Constitutional Convention and after Congress added a ratification resolution, copies were sent to the governors of the original 13 states, who then gauged interest among their residents. Among those copies was the one sold on Thursday.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More