Morning Glory: President Trump puts federal government back on constitutional path
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On Tuesday, President Donald Trump issued an executive order rescinding President Lyndon Baines Johnson’s September 1965 Executive Order 11246 (and many other similar orders and memos in the decades since). Trump’s new order complies with the Civil Rights Act of 1964 and the 14th Amendment. Trump’s order can be read here.
Johnson’s horrific turn on “race-based counting” was a profound shift that was extended by the Supreme Court of the United States (SCOTUS) in the 1978 Buck decision, only to be finally repudiated outright by SCOTUS in recent years. and federal policy enforced by the Department of Education’s Office for Civil Rights.
This is neither “liberal” nor “conservative” behavior. This is the Constitution speaking because, after the long and bloody Civil War, the Constitution was amended to remove the great stain of slavery.
Trump targets culture wars lightning rod in early executive order
The path to the original public meaning of the 14th Amendment began with the ratification of the 14th Amendment in 1868 and was not completed until Tuesday: American citizens shall not be punished or rewarded on account of any immutable characteristic, or religious belief. No institution, whether Harvard University, founded long before the ratification of the Constitution, or your local convenience store, may lawfully violate the first principle of the Fourteenth Amendment.
No discrimination based on race, gender, national origin or religious belief. period.
The 19th-century Supreme Court took a horrific turn with the Slaughterhouse Case, which undermined the interpretation of the 14th Amendment, before the Plessy decision and the Supreme Court correcting itself in 1954’s Brown v. Board of Education error.
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Johnson didn’t understand what he was initiating, but over the past 20 years, “counting by race, gender, sexual orientation” and suffering and discrimination against people of faith have become entrenched in government and elite institutions.
On January 20, U.S. Supreme Court Chief Justice John Roberts and Supreme Court Justice Brett Kavanaugh arrived at the Rotunda of the U.S. Capitol Building in Washington, D.C., to attend the ceremony before Donald Trump was sworn in as the 47th President of the United States. Inauguration ceremony. (Saul Loeb // Pool via Reuters)
After nearly 50 years of hard work, the Supreme Court finally (and I hope irrevocably) decided against Abraham Lincoln, Dr. Martin Luther King, Jr., and most recently Chief Justice John Roberts in the 2007 case of Parent Involvement Community Schools v. The ruling was made on what was succinctly and eloquently stated in .
Until President Trump nominates and the U.S. Senate confirms three new justices during Trump’s first term, the Chief Justice lacks sufficient originalist allies on the Supreme Court to infuse this fundamental principle of a sound Constitution into every level of government. Every department. Originalists now hold a majority, with a solid six votes.
Trump’s executive order may be challenged. I hope so.
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The Supreme Court, established in part by President Trump, has in recent years affirmed the original meaning of the 14th Amendment and the Civil Rights Act of 1964. Let any agency challenge this new executive order and they will find that it is on the strongest constitutional basis.
Cheers to the many who drafted this document, especially President Trump, who signed it.
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Hugh Hewitt serves as “The Hugh Hewitt Show“, listen from 6 a.m. to 9 a.m. ET on the Salem Radio Network and simulcast on the Salem News Channel. Hugh’s stream is available through more than 400 affiliates across the country and wherever you can see SNC The media platform Awakening America launched his eponymous radio show in Los Angeles and has hosted several Republican candidate debates, most recently the November 2023 Republican presidential debate in Miami, as well as four Republican debates in the 2015-16 cycle. Presidential debates, his radio show and columns focused on the Constitution, national security, American politics, and American politics. Hewitt interviewed tens of thousands of guests during his 40-year broadcasting career, ranging from Democrats Hillary Clinton to John A. · Kerry to Republican President George W. Bush and Donald Trump. This column previews the major stories that will drive his radio/TV appearances today.
