Trump 2.0: Expectations, Anxieties, Apprehensions and Admonitions

Last Monday, January 20, 2024 Donald J. Trump was sworn in as the 47th President of the United States of America. As was expected, the 78-year old hit the ground running, with a staccato of decrees and fear inspiring Executive Orders which will most likely alter democratic ethos of the world’s most powerful democracy. What is it about President Trump and his new administration’s policies that perceptibly instil fear and apprehension? Professor Sebastine Hon, SAN; Chukwuemeka Eze; Dr Emeka Ejikonye; Ed Malik and Dr Akpo Mudiaga Odje take a holistic look at Trump, his pronouncements and their far-reaching global implications, with specific reference to Nigeria  

Implications of President Donald Trump’s Second Coming on Nigeria

Prof Sebastine Hon, SAN

USA-Nigeria Relations in Perspective 

USA-Nigeria relations date back to 1960, when Nigeria got her independence. As of today, according to the US Department of State through its Bureau of African Affairs, the US is the largest foreign investor in Nigeria, particularly in the petroleum/mining and wholesale trade sectors. The Bureau further states that, in 2022, the two-way trade in goods between the US and Nigeria totalled over $8.1 billion.

At his inauguration address, however, President Donald Trump did not mention Africa, or even a single African nation. He mentioned Panama, China, Mexico and BRICS and clearly concentrated on ‘making America great’. No African Head of State was invited to the inauguration, even though Pentecostal evangelists like Pastor W.F Kumuyi and Evangelist Nathaniel Bassey were invited, and they delivered their messages at the ceremonies.

In this piece, I shall examine Mr. Trump’s second coming as it affects my motherland, Nigeria, judging especially from his early policies and even his body language. 

President Trump’s National Energy Emergency and Nigeria 

In his first day in office, President Trump declared a national energy emergency, creating an environment for higher US output in the oil sector. Promptly, the international oil market responded, by the consequential decline in oil prices. By January 21, 2025, the price of the Brent crude fell from over $81 to $79.29 per barrel, representing about an 11% fall or drop. The US Energy Information Administration (EIA) also stated clearly on that same January 21, that oil prices are expected to decline both in 2025 and 2026.

Trump did not stop at that, he announced in his speech delivered a few days ago at the World Economic Forum in Davos, Switzerland, that he would demand the Organisation of Petroleum Exporting Countries, OPEC, to lower oil prices. This statement led to a further dip in the price of Brent to $77.95 per barrel by Friday, January 24, 2025 at about 0044GMT.

Fall in global oil prices will, definitely, have a grave impact on an already battered Nigerian economy, where earnings from this black gold have, for decades, constituted the mainstay of the economy. In November, 2024, the NNPC proudly announced that, with the price of the Brent standing at $81 per barrel, Nigeria would be producing 1.8mbpd; hence, would rake in $145.8 million daily, which would translate to $4.37 billion in 30 days. Experts had forecasted that, at an average exchange rate of N1,600/$, Nigeria was to earn N6.99 trillion monthly from crude oil revenues alone. With the free fall of oil prices to $77.95 per barrel, with the possibility of a further rapid drop, the badly struggling Nigerian economy has become further imperilled. If the trend continues, the increased monthly allocations to the Federal, State and Municipal tiers of Government witnessed since President Bola Ahmed Tinubu assumed office will face an irretrievable reversal, with grave economic implications. 

President Trump, BRICS and USA-Nigeria relationship

Speculations, suppressed and expressed, were very rife that Donald Trump, upon assuming office as US President, would surely take precipitate and decisive actions against the BRICS’ bloc. This came to pass, as he warned, while presenting his galaxy of Presidential Executive Orders, that the US under him would impose 100% tariffs on the trade between those countries and the USA. Mr Trump did not mince words in overruling his predecessor, Joe Biden, on the issue. 

Nigeria seems to have placed itself on a collision course with the US, no thanks to the announcement by the Nigerian Government that by January 17, 2025, a few days to Trump’s inauguration, the country had become a partner to the bloc. Even though President Trump was silent on countries that are only partnering BRICS, like Nigeria, the ‘audacity’ of Nigeria to be a strategic partner of the bloc, especially on the eve of his assumption as the 47th President of America, may spark a subtle or even direct diplomatic ‘revenge’ by Mr Trump’s administration against Nigeria. The growing Nigeria-China relationship points almost irresistibly to this looming, call it, burgeoning, diplomatic spat.

President Trump, the WHO and Nigeria

According to the World Health Organisation (WHO), the USA has, for decades, remained the greatest financial contributor to its activities. A short WHO online publication, which was updated on December 23, 2024, states that the US was appreciated for a decades-long “strong partnership,” which the organisation classified as “a crucial role in supporting WHO, to protect and improve the health of Americans and people around the world”.

However, one of President Trump’s first actions in office for a second term was to sign Executive Order 21, which has started pulling the USA out of the WHO. A similar action was taken by him in 2020, which was, however, quickly reversed by President Joe Biden upon assumption of office.

The impact of the WHO boycott by President Trump will be felt, judging especially from the outlined programmes of the organisation. In September, 2024, WHO launched what it termed the “Investment Round.” The very first of its kind, this global body is seeking to rake in an additional $7 billion from its existing and new donors, in order to effectively function till 2028. By December, 2024, about $3.8 billion came in through pledges, in support of the “Investment Round.” However, the Joe Biden administration did not announce any pledge till Donald Trump took over. Of this amount, African countries pledged a total of $45 million only.

Experience has even shown that, pledges made to international bodies are hardly redeemed. Be that as it may, the US withdrawal from WHO, definitely, has far-reaching implications for Africa in general, and Nigeria in particular.  

President Trump’s Executive Order 15 and its Effects on Nigerians in the USA

According to the American Community Survey (ACS), as at 2022, the number of Nigerian immigrants in the USA, together with their families, reached 712,294 – up from a modest 25,000 in 1980. This figure jumped to 760,079 in 2023, out of which 476,008 were born in Nigeria. This migrant population is most likely to have quadrupled, as the number of Nigerian ‘japaing’ to the USA, the UK and Canada skyrocketed from 35.3% in 2017 to 80.1% in 2024, according to the Afrobarometer Survey. 

Unfortunately, by Presidential Executive Order 15, President Trump seeks to end any person automatically acquiring US citizenship if born in the US. For sure, this Order is unconstitutional, since the Fourteenth Amendment to the US Constitution guarantees, in unmistaken terms, this citizenship right. For, it is settled law that a Presidential Executive Order which is in conflict with an express provision of the Constitution is null and void, both in the USA and in Nigeria. See the US decisions of City and County of San Francisco v Trump, 897 F. 3d 1225 (9th Cir. 2018); National Labor Relations Board v Noel Canning, et al, Appeal No. 12-1281, unreported, decided on 26th June, 2014; Youngstown Sheet & Tube Co. et al v Sawyer, 343 U.S. (1952) and the Nigerian Supreme Court decision of A-G Abia State v A-G Federation (2022) LPELR-57010(SC), whereat I participated as an amicus curiae, upon invitation by the Supreme Court. However, Donald Trump is such a strong character, that he may most likely, at best, obey this Fourteenth Amendment right in breach thereof. 

The meat of the matter is that the hundreds of thousands of Nigerians living in the US, just like other foreign nationals, will face serious social issues, if Executive Order 15 is either implemented the usual way, or the US Fourteenth Amendment citizenship right by birth provision is obeyed in breach. Many Nigerians in the US facing the non-registration of their children as US citizens may either be forced to relocate from that country or face serious socio-economic existential quagmires, which would adversely affect their incomes. Their ability to contribute their quotas to the global sums remitted to Nigeria by its diaspora population, will dwindle. This sounds simple and dismissible; but, it is very real and impactful. Verifiable statistics will lend credence to this.

In 2024, the World Bank reported that Nigerians abroad remitted $20 billion to Nigeria, a figure that was slightly lower than the $21 billion remitted in 2022. In particular, the africa report, in its online publication of November 14, 2024, quoted Nigerian authorities as courting Nigerians in the USA to help, through diaspora remittances, in solving Nigeria’s worsening dollar shortage. We can now easily see, the impending direct impact of Trump’s Executive Order 15 on Nigeria.

Miscellany

Donald Trump, in his second coming, has upped the ante against the Houthi rebels, by redesigning them as a foreign terrorist organisation. The activities of this group have had damaging effects on transportation of goods by sea, affecting the global economy, Nigeria inclusive. Even though the Houthis have scaled down their nefarious activities, limiting it to ships with affiliations to Israel only, Trump’s disposition to the Jewish nation will escalate the crisis, if the Houthis attack Israeli-affiliated ships. 

Donald Trump has also warned Russia, to stop its “senseless” war with Ukraine. This has buried, at least momentarily, the trumpeted Trump-Putin ‘friendship’ in the build up to the US Presidential polls. Without any doubt, the Russia-Ukraine war has had global impact on goods and services, especially wheat. Nigeria is a heavy importer of wheat, whose spiralling prices have seriously impacted on the cost of bread, which is the commonest household consumable in the country. Trump’s grandstanding against a rustic and an inelastic Putin qua Russia will, without any shred of doubt, worsen matters for Nigeria.

On a more positive side, however, Trump’s credentials as a person who has a serious eye on the security of lives in Nigeria is a high one, which should be leveraged upon by the Tinubu administration. He once told President Muhammadu Buhari to go home and ensure that Christians in Nigeria are living in safety, and also to quench the insurgency in the country. If the US truly stands with Nigeria, insecurity will be a thing of the past, for the greater benefit of Nigerians.

Conclusion

Trump’s second coming, is a welcome development to me personally. He will, for sure, play the global ombudsman and head boy, to stem the near-total collapse of this world. It is, however, a mixed grill to Nigeria. Nigeria should buckle up and adjust its local and international policies, to get the best out of America in the next four years, or be worse off. Pandering to China, as President Tinubu appears to be doing, may worsen matters. The experience of some East African countries with China, is enough eye opener. My humble but, very firm word in time!  

Professor Sebastine T. Hon, SAN, FCIArb., DSSRS, Constitutional Lawyer, Author, Abuja

Trump’s Second Coming, Far-reaching Implications for Nigeria and the World

Chukwuemeka Eze

Background

Donald Trump’s second term or second coming or Trump 2.0, which commenced on 20th January, 2025, has been described as a watershed by some analysts. No doubt, he is a man of history. He remains the second US President in history, and the only one since 1893, to achieve two non-consecutive terms in power. Trump is both the 45th and 47th President of the USA. His current term is shaking the table, domestically and internationally. His “make America great again” mantra has been widely received with mixed feelings.

It has been widely reported by the media, that Trump has signed troves of executive orders without any of them directly relating to Nigeria or Africa. Notwithstanding, Trump’s aides, with the benefit of hindsight, have predicted what his foreign policy towards Africa will look like. Before foraging into expert analysis of what Africa should expect, one should not be in a hurry to forget Trump’s description of African countries as “shithole countries” on January 10, 2018, during his first term. This derogatory statement took a a life of its own, on the global stage. Many Africans tagged it as racist and disdainful. Trump on his X (formerly known as Twitter) in a bid to clarify himself, wrote: “The language used by me at the DACA [Deferred Action for Childhood Arrivals] meeting was tough, but this was not the language used ….”.

Withdrawal from WHO and the Paris Climate Change Agreement

The withdrawal of the United States from the World Health Organisation (WHO) is expected to have a huge negative consequence on Africa, due to America’s humongous financial contributions to the WHO. Bloomberg has signified its intention to fill the funding gap, created by America’s exit. A reduction in funding for the WHO, will lead to the reduction in the aid being received by African countries. It will jeopardise the realisation of the Sustainable Development Goal on Primary Health Care by 2030.

Trump had announced US withdrawal from the Paris Agreement in 2019, although it took effect in 2020. The Biden administration reversed the withdrawal. Trump 2.0 has resumed the withdrawal. The Paris Agreement, in seeking to strengthen the global response to climate change, reaffirms the goal of limiting global temperature increase to well below 2 degrees Celsius, while pursuing efforts to limit the increase to 1.5 degrees. African countries will bear the brunt of the latest American withdrawal because it will impact negatively on the issues of climate change, which will not be favourable for Africa.

AGOA

The African Growth and Opportunity Act, an American legislation, allows African countries to export certain products to the USA on preferential terms. Embedded in the legislation, is a clause that beneficiaries of AGOA will not take measures that will impinge on the security interest of the US. South Africa, a key beneficiary of AGOA, is seen by the US as leaning towards China and Russia, and leading the charge against Israel – America’s most trusted ally – for genocide against Palestine at the International Criminal Court. AGOA will expire in 2025, and it is not predictable whether Trump will allow for its extension, going by his reliance on tariffs to shore up revenue and reduce domestic taxes.

OPEC

Trump has called on the 12-member OPEC countries, to reduce the price of oil. If the call is heeded, the economies of the African members of OPEC (Libya, Algeria, Nigeria, Gabon, Equatorial Guinea, and Congo) will be affected adversely. For Nigeria, our 2025 budget deficit will increase, with obvious negative consequences.

BRICS

BRICS, an acronym for Brazil, Russia, India, China, and South Africa, is an international organisation, established in 2009, that seeks to create a new economic order outside the economic influence of the Bretton Woods institutions. It has expanded its membership to include Iran, Indonesia, Malaysia, Ethiopia, and many other countries. Nigeria and Uganda are partner-countries, a classification short of full membership. Its de-dollarisation campaign, has been frowned at by the US Government. Trump has threatened sanctions, on the members of BRICS.

The Lobito Corridor

Although Trump is yet to comment on the continuing funding of the Lobito Corridor, analysts believe that it is in the strategic interest to continue with the project. The Lobito corridor consists of a 1,300 kilometres railway line from the Port of Lobito to Luau on Angola’s Northeastern border with the Democratic Republic of the Congo (DRC) and the North-Western Province of Zambia. The Benguela Railway is the underlying rail infrastructure, throughout most of the Lobito Corridor. Following the due diligence announced by President Biden in May 2023, the U.S. International Development Finance Corporation (DFC) announced the commitment of a $553 million direct loan to the Lobito Atlantic Railway, to upgrade and operate a 1,300-kilometre rail line from the Lobito Port to Angola.

 Tariff War/External Revenue Service

Trump has signed an Executive Order, to create an External Revenue Service. Trump’s undisguised resolve to engage in trade wars, has given rise to the expectation that he will increase tariffs on imports to the US. His effort will certainly destabilise the purpose of the World Trade Organisation.

Canada

Canada, a country of 41 million people with a long history of shared borders with the United States, has suffered political turmoil since Trump ramped up his rhetoric against the country. Trump insists that, the United States spends a lot in ensuring that Canada is protected. He complains that Canada has fallen short in its responsibilities as a State, and threatened to use economic force. Canadian leaders have not been silent. Justin Trudeau, the outgoing Canadian Prime Minister said “not a snowball’s chance in hell” will the annexation of Canada happen.

Mexico

Trump, on his first day at the White House, has signed an Executive Order to change the Gulf of Mexico to Gulf of America. He has also threatened Mexico with 25% tariff, if she fails to cooperate on the issues of immigration and drugs.

Greenland

Trump is yet to back down on his intention to acquire Greenland. He lays claim to Greenland, the world’s largest Island, that is populated by about 57,000 people. He insists that he is doing it for the benefit of the world, to protect the world from perceived influence of Russia and China. Greenland is a strategic part of the Arctic region, that houses American space facility. The island is known to be blessed with rare natural resources, that are needed in producing batteries and technological equipment.

Panama Canal

Trump has said that, the Panama Canal should never have been handed over to Panama in the first place. He insists that Jimmy Carter, whom he called a good man, made a tremendous mistake by handing over the Canal to Panama. The Canal is vital to the United States, and he wants to reduce the charges paid by US ships that use the waterways to connect to the Atlantic and Pacific Oceans.

Russia-Ukraine

Trump has called on Russia, to end the war in Ukraine. The details of how he intends to achieve it, is still under wraps. Meanwhile, both Trump and Putin have declared their disposition to meet.

NATO

The new American Secretary of State, Marco Rubio, and the Secretary-General of NATO, General Mark Rutte, in their conversation in the last week, have re-affirmed their commitment to the defence organisation. Trump 2.0, however, emphasises the need for NATO members to shore up their contributions to 5% of their GDP, in order to reduce the US budgetary exposure to the body.

Conclusion

Trump has declared a golden age for America, in his second term. Certainly, his foreign policy will be disruptive. As usual, Africa will bear a huge brunt of the policy. His resolve to fight ISIS globally will draw his interest to the Sahel, where he will contest for relevance with Russia and China. Kenya will also be on his radar, because of its strategic location. How he will respond to the war in Sudan, is still within conjecture.

 It will be in the best interest of Nigeria and other African countries to prepare for the worst-case scenario, as Trump has made clear his intention to ruffle feathers.

Chukwuemeka Eze, Teacher of Diplomatic and Consular Relations Law, the Postgraduate School, Nasarawa State University, Keffi; Legal Adviser, Prime University, Abuja

America Under Trump and the Emerging World Order

Dr Emeka Ejikonye

I must convey my hearty and joyful greetings to Mr Donald J. Trump, on his historic second inauguration into the Presidency of the United States of America as the 47th President. His landslide electoral victory over Kamala Harris, the sitting Vice President, on November 5, 2024, was an indisputable legitimacy visibly conferred by a vast majority of the US citizenry. By that singular act, Americans proved to the world that they bought into and are solidly behind the MAGA (“Make America Great Again”) Movement. However, now Politics is over and Governance has begun; this is the primary objective. Americans must live with their barefaced deliberate choice, and whatever policy initiatives that President Trump dishes out to them.

 On the domestic front, I most certainly stand with President  Trump on the LGBTQ issue. Nature has deliberately moulded all animals into male and female species, for the specific primary purpose of procreation towards the survival of Existence. Liberalism must know its limits, and be jolted to the reality of this defining line. Along the same line, Business must also be restrained in its irrational rabid lust for money. The devastating effects of climate change caused by depletion of the ozone layer, is a reality. President Trump! As you pull America out of the Paris climate accord, let the yearly-increase in environmental-devastation caused by the wild fires on the US West Coast and hurricanes in the East, the tornadoes in the hinterland and blizzards to the North, constantly remind you of the catastrophic effects of global warming on your own citizenry. Yes! Go ahead! Drill! Drill! Drill! No wahala. But, know it that humanity can only negate the natural symbiotic order of Existence at its own peril.

Trump’s Bellicose Outbursts

On the global stage, the very bellicose outbursts of President Trump convey the impression of one who is living in the grandiose utopia of fictitious Hollywood movies. So, President Trump, you threatened and have actually ordered the renaming of the Gulf of Mexico to Gulf of America. This is certainly a showcase of you hitting the ground running. However, I hope Mexico and its allies will fall into line, because it will amount to a big shame and self-delusion, if the international community does not recognise the change and continues to use the old name. You have also issued stern warnings to the BRICS nations because, in your mind, they are not a formidable bloc that can withstand the USA and dish out in equal measure. You have threatened to annex Canada, Greenland and Panama because, in your mind, they cannot withstand the American superpower, and do not have allies who will be ready and willing to stand in their defence.

 You will impose tariffs on China because, in your mind, China is an unproductive ‘shithole’ African country that cannot reciprocate your actions in equal, if not greater, measure. You will force Putin to end Russia’s war with Ukraine or face sanctions because, in your mind, Putin is not pursuing a legitimate cause of halting the continued NATO contravention of the Agreement reached between the US and Russia, that it must not expand an inch into the border of any of the countries that comprised the USSR, which ended the Cold War. Or, that Russia is a lame-duck country that is lacking in military and economic might. You will force America’s NATO allies to spend more on Defence as if, if they call your bluff, US global authority will not diminish drastically. And, of course, “all hell will break loose” in the Middle East, if Hamas does not release the remaining hostages by January 20. Hmm! President Trump! As my people will say, “watch o”!

Refreshing Memories 

In this your seeming ego-tripping, permit me to refresh your memory, and try to jolt you back to reality. Since your country, America, supposedly became a world superpower, it has not singularly won any war. Should I recall? During the Second World War, the US entered the war fresh after the other allied countries had fought Germany for about two years. Even at that, it took the combined efforts of the allies in the East and West, for Germany to surrender. Indeed, Soviet forces entered and captured a vast portion of Berlin before the Americans. In the Korean War, Soviet forces came to the aid of the North Koreans and almost drove American forces out of the Korean Peninsular, before your country tactfully deployed UN intervention to divide Korea along the 38th Parallel. Of course, in Vietnam, America confronted the patriotic-zeal, strong-will and steadfast-resolve of the Viet Minh under the able leadership of Ho Chi Minh. Eventually, you ran away in 1973, like a fright-stricken dog with its tail in-between the legs; it was an outright surrender.

 In Iraq, the only success America achieved was the capture of Saddam Hussein and this was, indeed, made possible by the staunch resistance of the Kurds and Shia-Moslems to domination by Sunni-Moslems. Since the overthrow of Saddam’s Sunni domination, how far? President Trump! Can you really compare the number of young and innocent American lives the US had to fly back home in body-bags, with the one life of Saddam Hussein? Was it really worth it? Most recently, the whole world witnessed how the US ran away from Afghanistan, after losing countless young and innocent lives. That was another decisive surrender. Afghanistan proved itself again to be the ‘death-bed’ of the superpowers. The only singular victory I can credit to the US since its rise to global prominence, was the 1989 invasion of Panama to capture and depose General Manuel Noriega. But, come to think of it, was that really a war?

 According to my late father, quoting his colleague, “I NAUGH”. Oga Trump! Abeg, do a soul search. Think well! Talk is cheap o! As a student of History, I still recall being taught “Rise and Fall of Mali Empire”; “Rise and Fall of Songhai Empire”; “Rise and Fall of Oyo Empire”; “Rise and Fall of Kanem Bornu Empire”; “Rise and Fall of British Empire”. This your seeming return of America back to its early 20th century policy of isolationism, may be the impetus that will fast-track “the Fall of US Empire”. In my view, the fall of US imperialism started on September 11, 2001, that eventful day that Americans had a firsthand dose of what their country has been dishing out to the rest of humanity. For the US to remain prominent in global affairs, a more pacific, conciliatory and diplomatic approach is the way to go. Tone down your rhetoric. This your gra-gra no go work. As the saying goes, “no matter how bloodshot the eyes, it cannot light a cigarette”. May America not witness global humiliation, under your watch.

 Yes, my dear continent, Africa, is a ‘shithole’. We should not be reckoned with. You and your cohorts, must continue to ride roughshod over us. No be your fault. I blame our ruling elite that continues to allow itself to be driven by greed and morbid quest for primitive acquisition, rather than a sense of self-preservation for positive legacy to posterity. This is our curse. However, know it that, gradually, a new crop of patriotic leaders has started to emerge. Young patriots who recognise, and are resolved to start harnessing the huge human and material potential that abound in us. The young man in Burkina Faso, is particularly on my mind. I fervently pray that his colleague in Senegal, will follow suit. Una contempt for our people, go soon stop. Mark my words. I don talk my own. Na so e be me.

Emeka Ejikonye, PhD, Specialist in Public Budgeting

How Legal Challenges to Trump’s Executive Orders Will Reshape US Govt Policies

Ed Malik

“First, I will declare a national emergency at our Southern border. All illegal entry will immediately be halted, and we will begin the process of returning millions and millions of criminal aliens back from the places from which they came…As Commander-in-Chief, I have no higher responsibility than to defend our country…”

Introduction 

With the above statement, which are excerpts of his historic acceptance speech at the Capitol One Arena, Washington DC, just few minutes after he was inaugurated as the 47th President of United States of America, Donald John Trump, outlined his broad agenda which he aptly called ‘The Golden Age of America’, which aims to restore America to its pride of place as first among nations, he grabbed his pen and started signing a stack of Executive Orders (EOs) right there before the audience and later, issued more from the Oval Office.

 For those who carefully followed his campaign trail, President Trump is making it clear that his administration will prioritise America First policies from day one, in complete deference to his Make America Great Again (MAGA) ideology.

 Thus, Trump set a breakneck pace on the first day of his second term, taking numerous executive actions and rescinding 78 executive orders from his predecessor, while also pardoning roughly 1,500 people charged in connection with the January 6, 2021, breach at the U.S. Capitol. These executive orders were just the beginning. As the ink dries on these orders, their impact will be felt across the US and other nations.

Understanding the Executive Orders

Let’s first understand what an Executive Order (EO) is – a directive the President issues, typically, in the first few weeks in office, to manage or implement his own policy thrust on some aspects of Federal Government. Dishing out EOs is a common feature by new Presidents in the United States, but has gained currency in many countries. The legal or constitutional basis for executive orders derives from multiple sources, including constitutional and extant discretional necessities.

 For instance, Article 2 of the US Constitution gives a President, broad executive and enforcement authority to use their discretion to determine how to enforce the law, or to otherwise manage the resources and staff of the Federal Government’s executive branch. The ability to make such orders is also based on expressed or implied articles of the Constitution, which gives a window to a President to exercise discretionary power in the interest of the nation.

 But, what is not publicly acknowledged is that, the vast majority of EOs are proactive suggestions or policy roadmaps from Federal agencies requiring urgent and pragmatic attention by the President.

A clear, albeit, definitive check to any prospective abuse is that, like all legislative statutes, regulations, edicts and announcements, they must be rooted in the Constitution, in the context of judicial review, which may uphold or overturn the orders if they’re lacking in constitutional support. Some EOs, over time, may be amended or ratified by a legal Act and/or, discarded.

In every election cycle, there has been a subsisting conversation on the impact of a President’s EOs, which are executive in nature, on the legislature’s capacity to enact laws nay the Judiciary’s prerogative of interpretation. Policy analysts agree that EOs only have significant influence over the internal affairs of government on emergent scenarios like deciding how and to what degree legislation will be enforced in dealing with emergencies, waging wars, and in general, fine-tuning policy choices that are needed to implement broad statutes.

Only the President can issue an EO, and once issued, it remains in force until it is cancelled, revoked, adjudicated unlawful, or expires on their terms. At any time, the President may revoke, modify or make exceptions from any executive order, whether the order was made by the current President or a predecessor.

It is in this nexus, that we can have a clear glean of the several EOs that President Trump has issued since January 20, immediately after his inauguration, and sound the gong for legal experts to do a critical inquisition of their framework of action, within specific and extant statutes of the US.

The first batch of EOs were compartmentalised under the following sub-heads; Immigration and Border, Federal Workers, Gender and DEI, Energy and The Environment, Military and National Security, Taxes and Tariffs, Federal Government Changes and Other Executive Actions.

 The EOs that sparked public debate include ending birthright citizenship, official recognition of two genders (which effectively ends diversity, equity, and inclusion (DEI) policies in the federal Government), withdrawal from WHO and the Climate Change Accord, Tax Reviews, creation of Department of Government Efficiency (DOGE), the undoing of 78 of former President Joe Biden’s executive actions, executive orders, and Presidential memoranda giving 75 days reprieve for micro social networking site, Tik-tok and another, removing vaccine for Covid-19 as a condition for Green Card applicants. And, to conspiracy theorists, a big one; an EO ordering the release of records related to the assassinations of President John F. Kennedy (JFK), Attorney-General Robert F. Kennedy (RFK), and the Reverend Martin Luther King Jr.

Ending Birthright Citizenship

But, of intense public interest is the EO on Ending Birthright Citizenship. The order specifically directed Government agencies to stop issuing citizenship documentation for babies born in the US, to parents without legal status. The order, titled “Protecting the Meaning and Value of American Citizenship”, aims to end birthright citizenship.

 This order, will also impact children born to mothers with temporary lawful presence in the US, such as those on student or tourist visas, if the father is not a US citizen or lawful permanent resident. It’s essential to note that, this policy will only apply to individuals born within the US after 30 days of the order, which would be from February 19, 2025.

 A US Constitutional Law Attorney, Alan Dershowitz, weighed into the ongoing conversation and possible legal challenge on the broad implication of the orders, especially the birthright citizenship, in the context of US Constitution Articles concerning legal birthright, warning that this particular Executive Order might not survive in Court.

 In an episode of ‘The Dershow’ shortly after the EO on ending birthright citizenship was signed by Trump, a sceptical Dershowitz said that while he believes birthright citizenship was “a dumb idea”, he doesn’t think Trump can nullify it through executive action.

 Barely hours into Trump’s Presidency, the American Civil Liberties Union (ACLU) launched a lawsuit over the ending birthright citizenship EO, arguing that it violates the 14th Amendment. The case was filed by the ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defence Fund on behalf of organisations with members whose babies born on U.S. soil will be denied citizenship under the order, including New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York. The lawsuit charges the Trump administration with flouting the Constitution’s dictates, congressional intent, and longstanding Supreme Court precedent.

 It is instructive to highlight that Trump, in his first missionary journey to the White House, had touted the idea of tinkering with the birthright citizenship but, didn’t carry it through. Referencing that idea, Dershowitz said, “He said he was gonna end birthright citizenship. I think birthright citizenship was a dumb idea. If I were writing a constitution, I don’t think I would put birthright citizenship in the constitution”. “But, let me read to you what the Constitution says, and then you can make your decision as to whether it applies.”

Dershowitz then quoted Section 1 of the 14th Amendment, which states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.

 Speaking about the term “born,” Dershowitz said that “there’s no ambiguity about that word.” He also highlighted a key part, adding, “And, here’s the critical clause: and, not or, and subject to the jurisdiction thereof”.

 That portion about being “subject to the jurisdiction thereof” is where the issue lies, Dershowitz said. The provision was passed after the Civil War to overturn the Supreme Court’s 1857 decision in Dred Scott v Sanford, which excluded African Americans from eligibility for U.S. citizenship solely based on race.

 Dershowitz said that, it would likely take congressional action to clear up this point of contention. He assessed, saying, “The courts will ultimately decide that, but my best view, as somebody who studied the Constitution for a long time, is that, at the very least, it would take congressional legislation to make a person born in the United States a non-citizen, by making that person not subject to the jurisdiction of the United States”.

Some legal scholars suspect that Trump is testing the issue and intends for it, by design, to move through the courts, ultimately landing before Supreme court of the United States (SCOTUS). As popular writer Kurt Schlichter pointed out, “it is going to be heard, and it is going to be analysed. That’s how things should work. You make arguments, and then Judges consider them, in the context of precedent and rule accordingly”.

For now, all eyes are on Trump, globally, to see what happens next.

Ed Malik, Publisher and Editor-in-Chief of 

DDNEWSONLINE.COM

Trump’s Second Coming, Implications for Liberties of American Citizens and Immigrants Under US Constitution

Dr Akpo Mudiaga Odje

Introduction

Monday, 20th of January, 2025, witnessed the formal inauguration of Mr Donald J. Trump as the 47th President of the United States of America. Understood, this is his second coming, having served out his first term from 2017 to 2021.

President Trump’s Maiden Speech and Liberties of Citizens and Immigrants

As expected, and playing to the gallery of his recent acclaimed Christian faith, Mr President banished the recognition suo moto of any hitherto form of transgender status, by giving recognition to only two genders known to his administration, to wit: Male and Female.

In addition, he fired also the expected salvo on illegal/ legal migrants by swiftly declaring that children Born in America by illegal immigrants or legal migrants on a temporary status, shall no longer  be accorded automatic American citizenship. He followed this up, by immediately signing an Executive Order to that effect.

No doubt, these two pronouncements amongst others, raise constitutional issues and affect liberties of citizens and even illegal/ legal migrants, as the American Constitution jealousy protects rights to privacy, from discrimination and freedom of movement to all.

The raison d’etre upon which the American Constitution is founded, is for the” pursuit of happiness” of her citizens and those who are there, whether legally or otherwise.

And, the United States Supreme Court has consistently with admiration, upheld that constitutional idiosyncratic pasturing in all ramifications.

Constitutionality of President Trump’s Actions

Of course, as adumbrated above, the Judiciary in the United States is not only critical of infringement on liberties, it is also courageous in striking down draconian actions of Government the impugn those rights. The issue of transgender will ultimately be one that will reach the Supreme Court. And, the focus will be whether to grant that right of transgender transformation on citizens who attain a certain age, or to anyone at all.

As the Democrats, to him, took this matter rather too lightly.

So, this is the crucible that must be addressed by the court, because the person involved in the transgender owns his body in law, and is permitted to decide how he wants to live in it, subject of course, to laws against self destruction of any kind.

Accordingly, if an adult of 18 years, which is considered the most universal adult voting age, gives a written notice, and consent to transgender, can same be restricted, or prevented by State or Federal law, and/ or an Executive Order from undergoing such a transformation?

As he or she, is a citizen protected by the Constitution to a right of privacy, and most importantly, the pursuit of happiness, which he intends to exercise by transgendering. Whilst there appear to be a paucity, if not non-existent direct Supreme Court decisions on this vexed issue, another question also, will be what is what will likely be the nature of crime such a person to be transgendered will be committing, as well as, the person doing the transgender for same. It is very important, as both can be impari delecto, that is, in mutual wrong if the exercise is carried out without any law backing same, or at least a court order to that effect.

The underlying challenge will be for the court to do the balancing test, as between freedom of privacy and the protection of the larger interest of society, against the dangers of creating a third sex (or multiple sexes) as it were.

This point cannot be over-emphasised, because due to the unique nature of transgenders, they also require a special and different law from those which are regulating the hitherto existing two sexes of male and female. They also require special protection from the other two sexes

So, whilst President Trump is focused on eradicating these new species, he is not smart enough to also focus on how to achieve his eradication programme within the ambits of the law and Constitution. Whether transgender or not, they have a constitutional right against discrimination of any kind under the Constitution.

Executive Order on Abolishment of Automatic American Citizenship for Children Born Of Illegal/Legal Immigrants

The above  Executive Order conveys a very potent challenge to the acquisition of American citizenship, by children Born from non-American citizens. Trump is concerned about the eventual transformation of children of illegal immigrants especially, into American citizens, just because they were born on his soil.

He is vexed that a son of an illegal immigrant from a shit hole country, transforms into an American citizen by divine chance of birth on American soil, if  especially he or she is a Mexican!! This warped perception has led Trump to forget that America was actually founded by Red Indians and immigrants, including illegal immigrants.

For this Pontification and more, see American History by    Prof  Olson

America, as a result of its immigrant history, some of whom even became Presidents, decided to practice automatic citizenship by birth (Jus Solis), in order not discriminate against, nor prejudice the talents and innocence embedded in the innocently Born child, who may also like many others, become an asset to the great American dream enunciated by the American greats such as George Washington (her first President), Benjamin Franklin and Abraham Lincoln.

Consequently, any law, not even a feeble Executive Order, which directly or indirectly seeks to impugn that constitutional implant, will be wholly in vicious conflict with the Constitution, and thus, rendered holistically otoise in law. As expected, Judges have already started issuing suspension orders on the said Executive Order, which is the right thing to do, pending the plethora of cases already filed to challenge same.

The fact that the Executive Order is expected to commence in futuro, within some couple of days after it was signed is irrelevant in suspending it, as there is a lower risk in its suspension, than in it’s enforcement, as it’s an overt breach of the 14th Amendment of their Constitution which guarantees automatic citizenship by birth, regardless of the immigration status of the parents.

US District Judge Stops Trump’s Birthright Citizenship Order

A United States Federal Judge, temporarily blocked President Trump’s Executive Order redefining birthright citizenship. The US District Judge, John Coughenour described it as “blatantly unconstitutional”. This was in response to the suit filed by Arizona, Illinois, Oregon and Washington. A total of 22 States have filed Suits to challenge same. The above order applies nationally.

President Trump’s Deportation Order

The same line of arguments to some extent, support the immigrants from crass deportation , without a court order. Although, their rights appear lesser than those of transgender from  American extraction, and legal temporary migrants, the  illegal immigrants still require protection from brazen acts of deportation.

The process challenging an administrative deportation order must be allowed to be completed by the illegal immigrants, before their deportation.

Rights of Gays Still Preserved by Christian Faith, President Trump

Notwithstanding the Christian faith grandstanding by President Trump, he appears to have wittingly forgotten what his Christian faith also talks about gay practices, which is sanctioned by death in the twentieth chapter of the instruction filled book of Leviticus.

And, also Apostle Paul condemned same in 1st Corinthians. Surprisingly, they remain unscathed here and apparently rewarded  by President Trump, as most of them, especially from the US Armed Forces, voted for Mr Trump’s second coming.

Trump’s Second Series and the New World Order

Indeed, the fear of President Trump, even before his swearing in, has made the world to start reshaping itself. Just now, a truce somehow, has been reached in the Hamas-Israeli war. The Russian President, says he is open to dialogue with Mr Trump. The cost of a barrel of crude oil has risen to $80, as we speak. All in response to Mr Trump’s second coming. The Mexico walls are to go up like flames of fire. Illegal immigrants are chased, hounded, and captured, even from the sanctuary of Churches where they sought refuge.

Conclusion

These over-abrasive tendencies of President Trump need to be urgently checked by the courts, as some courts are doing right now. Mr Trump must be shown the way of exercising democratic powers, through consultation and dialogue, especially with  the Congress. People are expected to be ruled by, and under, law…And, not by the whimsical and vainglorious desire of a comic Lion King.

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