Legal Scholar Laurence Tribe Defends Constitutional Integrity Amid Trump Administration Challenges
On Wednesday's episode of MS NOW's "Last Word," host Lawrence O'Donnell engaged former Harvard law professor Laurence Tribe in a critical discussion regarding President Donald Trump's military actions toward Iran and his administration's efforts to restrict birthright citizenship. This conversation unfolded against the backdrop of Supreme Court arguments earlier that day, where justices expressed significant doubts about the legality of the administration's position on citizenship.
Supreme Court Skepticism on Birthright Citizenship
During the program, O'Donnell played audio excerpts from the Supreme Court session, highlighting a contentious exchange. Trump's Solicitor General, D. John Sauer, contended that the 14th Amendment's guarantee of citizenship to individuals born in the United States carries "implications" in today's "new world" that the framers could not have anticipated. Chief Justice John Roberts promptly countered this argument, asserting, "Well, it's a new world. It's the same Constitution."
Tribe, a renowned constitutional law scholar, emphasized the importance of Roberts' statement. "I think the main thing to focus on is the comment that you quoted from John Roberts, the chief justice of the United States," Tribe told O'Donnell. "And I was, I have to say, proud of him as a former student when he said, yes it is a new world, but it's the same Constitution."
The Constitution's Enduring Nature and Modern Applications
Tribe elaborated on the foundational principle that the Constitution was designed to endure across generations. "That's a very fundamental point," he explained. "This was a Constitution designed to endure for the ages. Just because there might be a different form of immigration problem today ... doesn't mean we throw the Constitution out."
He further argued that contemporary issues are not as dissimilar from historical contexts as some claim. Tribe noted that while privacy concerns have evolved from physical "snooping" to modern surveillance technologies, the Constitution's adaptability has allowed it to remain relevant. He attributed this resilience to the document's origins in the aspirations of the Declaration of Independence.
"And it has enormous evolving potential," Tribe stated. "There are new problems, but it is the same Constitution. And we need to hold on to it, not trash it, not call it stupid. Recognize that it isn't perfect — no human instrument is — but it will do the job."
Criticism of Trump's Actions and Constitutional Overreach
Tribe did not mince words in criticizing President Trump's approach to governance. "And we really need to preserve and protect it, not trash it the way this president does almost every day," he added. Connecting this to the discussion on Iran, Tribe pointed out a glaring omission: "And in fact, when we talked about the war on Iran, how stupid it was, how foolish, how ill thought through, I didn't hear anybody mentioning: It's also unconstitutional."
He concluded with a powerful reminder of the separation of powers. "The power to make war, for good reason, is not put in the hands of one person, however bright or not so bright. It is given to the Congress of the United States. We mustn't forget that."
Unaddressed Issues in Supreme Court Arguments
O'Donnell highlighted a crucial point that remained "left unsaid" during the Supreme Court proceedings. He emphasized that if a president disapproves of a constitutional provision, they cannot simply bypass the Constitution through executive orders—a tendency frequently observed in the Trump administration. This underscores ongoing debates about executive authority and constitutional adherence in contemporary politics.
