Republicans think the Bill of Rights is optional
As we celebrate our freedom, let’s remember the looming threat to it
Birthright citizenship survived the latest session of the Supreme Court, no thanks to Donald Trump and the Court’s far right wing.
The 14th Amendment’s language is abundantly clear: “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.”
But Trump and other white supremacists think birthright citizenship encourages immigration by Black and brown people, so they attack it. Considering the closeness of the ruling – with four of nine justices saying a ban wouldn’t violate the Constitution – Republicans probably will revisit this issue if they remain in power.
As the United States marks its 250th birthday, we must face the fact that the party in control of the White House, Congress, and the Supreme Court opposes key aspects of the Constitution.
Remember what Trump posted on social media in December 2022 when he called for the overturning of the 2020 election: “A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution.”
Clearly, many leading Republicans consider the Constitution optional. Even the Bill of Rights – the first 10 amendments to the Constitution – is not safe from the march of MAGA fascism. I decided to take an amendment-by-amendment look, not always from a technical legal view (I’m not a lawyer), but from a philosophical view.
1st Amendment
When Trump tries to cancel late-night comedians’ TV shows and threatens lawmakers with death for urging the military to follow the law, it’s obvious that he doesn’t believe in freedom of speech. This amendment also prohibits “an establishment of religion,” yet the right is taking many steps toward making Christianity the state religion.
2nd Amendment
This is the part of the Bill of Rights that right-wingers have long been most passionate about. Yet when Alex Pretti was shot to death in Minneapolis while carrying – not brandishing – a legally registered handgun, the Trump regime said his death was his own fault because he was armed.
3rd Amendment
This might be the part of the Bill of Rights with the least modern relevance, but the thinking behind it is relevant to Trump’s attempts to send the military into U.S. cities as an occupying force. It states: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.” The Framers wanted the military beholden to the public, not the other way around.
4th Amendment
This gives people – not just citizens, but all people – the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” It requires authorities to secure legal warrants before conducting searches. Yet the Department of Homeland Security routinely violates this right. Republicans such as Sen. Roger Marshall claim “it’s just not practical” to secure judicial warrants for every single undocumented immigrant, arguing that administrative warrants – issued by Homeland Security itself – are enough.
5th Amendment
This right guarantees that no person – not “no citizen,” but no person – shall be “deprived of life, liberty, or property, without due process of law.” Yet the Trump regime kidnapped immigrants and shipped them to a torture prison in El Salvador without court proceedings – and even defied a federal judge’s order to turn around planes that were en route. The 5th Amendment has an exception for wartime actions, and the regime made a bogus claim that the detained migrants were “conducting irregular warfare” against the United States.
6th Amendment
This right states that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” The Trump regime is ignoring that by murdering more than 200 people on boats in the Pacific and Caribbean. It accuses them of drug trafficking, but presents no evidence and avoids going through the courts by calling them soldiers in an imaginary “war” that’s taking place overseas.
7th Amendment
This guarantees the right to a trial by jury. The regime isn’t disputing that, but as the previous paragraph points out, it’s simply skipping the trial altogether.
8th Amendment
This is the ban on “cruel and unusual punishment,” which would seem to include murdering people on boats without charging them with a crime or presenting evidence against them. But once again, it’s supposedly a “war” conducted on foreign territory, so the Bill of Rights is conveniently deemed irrelevant.
9th Amendment
This amendment states that all powers not stipulated in the Constitution as belonging to the government belong to the people. Yet Trump, through his many executive orders, is systematically trying to claim powers he doesn’t really have.
10th Amendment
This goes along with the previous one. It reinforces that powers that are not conferred on the federal government “are reserved to the States respectively, or to the people.” Yet Trump is trying to steal control of elections from the states. A Supreme Court ruling this week defeated a Republican-led attack on mail-in voting, but Trump is still campaigning hard to pass the “SAVE America Act” as another means of suppressing the vote.
Other constitutional amendments Republicans hate
15th: This amendment declares: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Yet Republicans are putting up barriers to try to reduce minority voter turnout.
19th: This gives women the right to vote – and some Chrstian nationalists want to repeal it. Defense Secretary Pete Hegseth shared a video on social media in which pastors said the vote should be taken away from women.
22nd: This amendment says, “No person shall be elected to the office of the President more than twice.” Yet Trump keeps bringing up the idea of running for a third term. And some of his judicial nominees have refused to rule that out.
Have a nice Independence Day, and let’s get busy defending our freedom from right-wing authoritarianism.