# Can a President over rule the Constitution with an Executive Order

**URL:** <https://boards.straightdope.com/t/can-a-president-over-rule-the-constitution-with-an-executive-order/823725>\
**Category:** Great Debates\
**Created:** [October 30, 2018, 2:42pm UTC](https://boards.straightdope.com/t/can-a-president-over-rule-the-constitution-with-an-executive-order/823725 "2018-10-30T14:42:15Z")\
**Posts on this page:** 1\
**Page:** 13

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**Author:** ![Chisquirrel](https://avatars.discourse-cdn.com/v4/letter/c/6bbea6/32.png) [@Chisquirrel](https://boards.straightdope.com/u/Chisquirrel)\
**Post date:** [November 6, 2018, 10:34pm UTC](https://boards.straightdope.com/t/can-a-president-over-rule-the-constitution-with-an-executive-order/823725/241 "2018-11-06T22:34:24Z")

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> [@John\_Mace](#):
>
> Did that case settle the citizenship issue of the 14th or just the “equal protection” issue? My understanding is that it was the latter. Citizenship was not at issue in that case.

I misspoke. Plyler settled that there is no distinction between legal and illegal aliens, as far as “subject to the jurisdiction” - both “classes” are STTJ.

My error was in my memory of the quote from the dissent, “I have no quarrel with the conclusion that the Equal Protection Clause of the Fourteenth Amendment&nbsp;applies&nbsp;to aliens who, after their illegal entry into this country, are indeed physically ‘within the jurisdiction’ of a state.”

The majority holds that “within the jurisdiction” and “subject to the jurisdiction” are equal except in previously settled situations - diplomats and such.

That combined with the plain text of the 14th DOES construe citizenship regardless of parental immigrant status, just not so plainly spoken in the decision.

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