The purpose of the Fourteenth Amendment was to settle once and for all the question of racial citizenship, forever preventing the subjugation of one class of people by another. Donald Trump’s executive order purporting to end birthright citizenship is an attempt to reverse one outcome of the Civil War, by creating a permanent underclass of stateless people who have no rights they can invoke in their defense.

In 1856, in the infamous Dred Scott decision that declared that Black people could not be American citizens, Chief Justice Roger Taney wrote that as “a subordinate and inferior class of beings,” Black people had “no rights which the white man was bound to respect.” Yes, the Declaration of Independence had stated that “all men are created equal,” but “the enslaved African race were not intended to be included.”

Frederick Douglass, who argued that the Constitution did not sanction slavery, responded to the Taney decision by saying that one could find a defense of slavery in the Constitution only “by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by disregarding the plain and common sense reading of the instrument itself; by showing that the Constitution does not mean what it says, and says what it does not mean, by assuming that the written Constitution is to be interpreted in the light of a secret and unwritten understanding of its framers, which understanding is declared to be in favor of slavery.” Sounds familiar.

[David A. Graham: It’s already different]

Trump’s executive order similarly rewrites the Constitution by fiat, something the president simply does not have the authority to do. The order, which purports to exclude the U.S.-born children of unauthorized immigrants from citizenship, states that such children are not “subject to the jurisdiction” of the U.S. and therefore not included in the amendment’s language extending citizenship to “all persons born or naturalized in the United States.” This makes no sense on its own terms—as the legal scholar Amanda Frost wrote earlier this month, “Undocumented immigrants must follow all federal and state laws. When they violate criminal laws, they are jailed. If they park illegally, they are ticketed.” The ultraconservative Federal Judge James C. Ho observed in 2006 that “Text, history, judicial precedent, and Executive Branch interpretation confirm that the Citizenship Clause reaches most U.S.-born children of aliens, including illegal aliens.”

As such, Trump’s executive order on birthright citizenship is an early test of the federal judiciary, and of the extent to which Republican-appointed judges and justices are willing to amend the Constitution from the bench just to give Trump what he wants. They have done so at least twice before, the first time by writing the Fourteenth Amendment’s ban on insurrectionists running for office out of the Constitution, and the second time by seeking to protect Trump from prosecution by inventing an imperial presidential immunity out of whole cloth. But accepting Trump’s attempt to abolish birthright citizenship would have more direct consequences for millions of people, by nullifying the principle that almost anyone born here is American.

In the aftermath of the Civil War, white southerners tried to restore, at gunpoint, the slave society that had existed prior to the war, notwithstanding the Thirteenth Amendment’s abolition of slavery. Republicans in Congress passed the Fourteenth Amendment to secure equal citizenship and the Fifteenth Amendment to protect the right to vote regardless of race, amendments that guaranteed political and civil equality. The Civil War amendments, the work of the Republican Party, are the cornerstone of multiracial democracy in the United States. Despite this historic accomplishment, for the past 80 years or so, the party of Lincoln has aimed its efforts at repealing or nullifying them.

“Adopted as part of the effort to purge the United States of the legacy of slavery, birthright citizenship, with which the Fourteenth Amendment begins, remains an eloquent statement about the nature of American society, a powerful force for assimilation of the children of immigrants, and a repudiation of a long history of racism,” the historian Eric Foner writes in The Second Founding, a history of the Civil War amendments, though he is cautious to note that these principles were not always respected by the government—Jim Crow and Japanese internment being obvious examples. Birthright citizenship was “a dramatic repudiation of the powerful tradition of equating citizenship with whiteness, a doctrine built into the naturalization process from the outset and constitutionalized by the Supreme Court in Dred Scott.”

This detachment of American citizenship from whiteness was one of the parts of the Fourteenth Amendment that Democrats, at the time the party of white supremacy, hated the most. “Democratic members of Congress repeatedly identified American nationality with ‘the Caucasian race,’ insisted that the government ‘was made for white men,’ and objected to extending the ‘advantages’ of American citizenship to ‘the Negroes, the coolies, and the Indians,’” Foner writes.

Trump’s immigration braintrust sees things similarly. In emails with conservative reporters, Trump’s point man on immigration, Stephen Miller, praised articles attacking the 1965 repeal of racist restrictions on immigration that had been passed in 1921 and were intended to keep out nonwhite people, Southern and Eastern Europeans, and Jews. These laws again redefined American citizenship in racist terms, and helped inspire the Nazis. The end of those restrictions meant that more nonwhite immigrants were able to gain citizenship in the United States, a phenomenon conservatives have dubbed a “Great Replacement,” borrowing a concept from white-supremacist sources. That the Trump coalition now includes people who would have been shut out by Miller’s preferred immigration policies does not change the fact that Trump’s immigration advisers view the decline of the white share of the population as an apocalyptic occurrence that must be reversed. It is no accident that this project begins with the nullification of constitutional language guaranteeing citizenship regardless of race or country of origin.

[Martha S. Jones: The real origins of birthright citizenship]

Republicans have made significant inroads among nonwhite voters in the past few years. Their reasons for supporting Trump change neither the intent of his entourage nor the effects of his policies. A successful repeal of birthright citizenship would mean the so-called pro-life party creates a class of stateless infants, a shadow caste mostly unprotected by law. It would require Americans to prove their citizenship time and time again, and leave them vulnerable to administrative errors that could endanger proof of their status. These burdens would likely fall disproportionately on those nonwhite people Trumpists see as their “replacers,” no matter how enthusiastic about Trump they might be.

Since the rise of Trump, the once-fringe idea that the Fourteenth Amendment does not confer citizenship on the children of undocumented immigrants has gained traction among ambitious conservatives whose malleable principles allow them to shape themselves to Trump’s whims. By November of 2024 the aforementioned Ho, who had previously written a detailed law-review article rejecting such theories, had become a bombastic, partisan Trumpist judge; he carefully retraced his steps and insisted that the birthright-citizenship clause doesn’t apply in the case of immigrant “invasion,” substituting Fox News talking points for legal reasoning.

This is the level of respect for the Constitution one can expect from conservative jurists in the Trump era. Whatever Trump says is correct. What the original framers of the Fourteenth Amendment understood was that the necessities of multiracial democracy demand more than bowing and scraping before this sort of lawlessness. For now, neither party’s political leadership seems up to the task.

Long before Donald Trump rewarded Tulsi Gabbard’s loyalty with a nomination to be the next director of national intelligence, before her friendliness with Tucker Carlson, and before her association with the Syrian dictator Bashar al-Assad, she was loyal to another charismatic leader. A man who remains mostly unknown outside Hawaii but is reputed to have a powerful hold over his followers.

That leader is Chris Butler, the founder of an offshoot of the Hare Krishna movement in Hinduism, called the Science of Identity Foundation. Butler’s followers know him as Jagad Guru Siddhaswarupananda Paramahamsa, and Gabbard, who identifies as Hindu, has called him her “guru-dev,” or spiritual master. According to its website, the foundation promotes yoga meditation to achieve spiritual and physical enlightenment, but Butler, well known for his fervent and graphic sermons about the evils of gay sex, does not appear to tolerate dissent from his followers. Some former devotees have called the secretive group a cult.

Other than raw ambition, Gabbard’s adherence to Butler’s foundation has been the only perceptible through line in her switchbacking, two-decade political career. First there was an astonishingly quick leap from enigmatic state lawmaker to national Democratic Party leader; then came Gabbard’s almost-as-quick falling-out with the party establishment; there followed an inscrutable congressional record, including a seemingly inexplicable visit with a Middle East dictator; after that was Gabbard’s stint as a Fox News media darling, and finally her rebirth as a MAGA Republican, nominated to be America’s next spymaster.

While Gabbard awaits a confirmation hearing, even senators in Trump’s party seem concerned about her suitability. Maybe they should be: Democrats figured out the hard way that they couldn’t rely on Gabbard; Republicans may soon learn the same.

To understand how Gabbard ended up in the middle of such a strange ideological Venn diagram, it helps to know about her early years. Born in American Samoa, Gabbard grew up in Hawaii, where she was homeschooled and spent time surfing in the blue waves off Oahu. Her father, Mike, is now a Democratic state senator, but he’s done a bit of his own party-flipping; during Gabbard’s childhood, Mike was an independent, and later switched to the Republican Party, after leading Hawaii’s movement against same-sex marriage. He launched a group called Stop Promoting Homosexuality Hawaii and hosted a radio show titled Let’s Talk Straight Hawaii. In 1998, Mike Gabbard put out a TV ad featuring a teenage Tulsi and her siblings that likened marrying someone of the same sex to marrying your dog.

The Gabbard family was—and, according to several Hawaii residents and people familiar with the group, still is—devoted to Butler and his foundation. “The belief system was [Butler’s] interpretation of the Hare Krishna belief system, plus Buddhism, Christianity, and whatever else,” Lalita Mann, a former disciple of Butler’s, told me. Fraternizing with outsiders was frowned upon, Mann said; complete obedience was expected: “To offend him would be offending God.” Gabbard’s own aunt once described the group as “the alt-right of the Hare Krishna movement.”

Butler had an appetite for temporal as well as spiritual power. Gabbard, a smart, good-looking girl from a political family, always appealed to him, Mann and Anita Van Duyn, another defector from the group, told me. Butler described Gabbard as a stellar pupil of his teaching. In her teens, Gabbard reportedly attended a school run by Butler’s followers in the Philippines. “He always wanted someone to be high up in the federal government” to direct the culture toward godliness, Van Duyn told me. Trump’s team rejected this characterization. “This is a targeted hit on her faith, fomenting Hinduphobia,” Alexa Henning, a spokesperson for the Trump transition, told me. “The repeated attacks that she has sustained from the media and Democrats about her faith and her loyalty to our country are not only false smears; they are bigoted as well.” (Gabbard herself did not respond to requests for comment for this story.)

The Science of Identity Foundation leader was not the only person to see Gabbard’s appeal. The people I interviewed described the surfer cum mixed-martial-arts aficionado as shy but warm. She has a rich, low voice, and always greets people with a friendly “Aloha.” Her demeanor helps explain how quickly she rocketed to political success from a young age. She chooses her words carefully, and listens intently, often seeming like the most mature person in a room, even when she is one of the youngest. “She cocks her head, and she pulls you in” to the “Tulsi hug,” one Hawaii Democrat told me. “It’s very mesmerizing.” Gabbard, in other words, has charisma. And she has always made it count.

In 2002, soon after she married her first husband, Gabbard dropped out of community college and ran for a seat in the Hawaii state House. In that race, and in others that followed, a swarm of volunteers associated with Butler’s group would descend on the district to knock on doors and pass out yard signs, according to someone who worked with Gabbard’s campaign in those early days, and who asked for anonymity to speak candidly. Back then, Gabbard shared her father’s views on same-sex marriage and opposed abortion rights, two positions that were—particularly in recent years—politically risky in solid-blue Hawaii. But she was clearly struggling to form her ideology, the former campaign colleague said, and determine a political identity of her own.

After one term in office, Gabbard joined the Hawaii Army National Guard, and went to Iraq as part of a medical unit, the first of two Middle East deployments. After her return, she and her husband divorced. In 2010, she ran successfully for a seat on the Honolulu city council. “She was as ambitious as you could possibly be,” Gabbard’s campaign colleague told me. And she was respected. Gabbard was racking up experiences, fleshing out her political résumé. Congress was next for Gabbard, and everybody knew it.

In the fall of 2011, something happened that shocked politicians in Hawaii. EMILY’s List, the national organization whose goal is to elect pro-abortion-rights women to Congress, announced that it was backing Gabbard. To political observers, it didn’t make sense. Gabbard had a D behind her name, but was she really a Democrat? Behind the scenes, EMILY’s List was wondering the same thing. Although her position on abortion had evolved in ways acceptable to the organization, Gabbard was still iffy on same-sex marriage. Her answers on the EMILY’s List application had made its leaders uneasy, one former staffer told me, and that staffer was asked to call Gabbard for clarification. During their conversation, Gabbard said she didn’t want the government involved in marriage. The staffer pointed out that the government was already involved in heterosexual marriage, so it wouldn’t be fair to deny the same access to gay couples. Gabbard seemed not to have considered this, the staffer told me, and after only a few minutes on the phone, Gabbard declared that her position had changed. Politicians typically do some finagling to secure the support of special-interest groups, but this was different.

“I’ve never had another conversation like that,” said the staffer, who still works in Democratic politics but asked to remain anonymous in order to speak candidly. “She was willing to do or say whatever. It was like she had absolutely no moral compass.” I heard the same sentiment from numerous people who have worked with Gabbard, both in Hawaii and at the federal level.

Gabbard’s leftward journey was well under way. Her second Middle East deployment, to Kuwait, had inspired a “gradual metamorphosis” on social issues, she told Honolulu Civil Beat in 2012, adding, “I’m not my dad. I’m me.” By the time she got to Congress, in 2013, Democrats had embraced her like a long-lost friend. Gabbard was celebrated as the first Hindu member of Congress and was eagerly welcomed in the Congressional Asian Pacific American Caucus. Nancy Pelosi called her an “emerging star,” and House leaders gave her a seat on the prominent Armed Forces Committee. She was, to use a more contemporary comparison, AOC before Alexandria Ocasio-Cortez.

“There was this initial huge fascination with Gabbard” inside the party, a former Democratic House staffer, who requested anonymity to speak about his time working closely with Gabbard, told me. President Barack Obama himself lobbied for Gabbard to get a vice chairmanship on the Democratic National Committee, its former chair Debbie Wasserman Schultz told me. The Florida lawmaker hesitated at first. “I was warned early on that she was close to extremists in Hawaii,” Wasserman Schultz told me, referring to anti-gay activists. Still, she gave Gabbard the benefit of the doubt.

Gabbard proved popular among the other freshmen. “She was funny, she was engaging,” a former House colleague and friend of Gabbard’s, who requested anonymity to speak candidly, told me. She ran around with a small, bipartisan group of lawmakers, including Representatives Beto O’Rourke of Texas, Kyrsten Sinema of Arizona, and Markwayne Mullin of Oklahoma; some of them met for CrossFit in the mornings.

But the congressional crush on Gabbard fizzled almost as quickly as it began. Wasserman Schultz told me that the DNC had a hard time getting Gabbard to show up for meetings or conference calls. When a House vote against employment discrimination came up, Gabbard was difficult to pin down, Wasserman Schultz said—even though, as a DNC vice chair, she should have been “the easiest ‘yes’ in the caucus.”

[Read: The thing that binds Gabbard, Gaetz, and Hegseth to Trump]

Gabbard seemed eager to stand out in a different way. She took to sitting on the Republican side of the House chamber. Despite her DNC perch, she voted with Republicans to condemn the Obama administration for not alerting Congress about a prisoner exchange with the Taliban in 2014, and the next year criticized the Democratic president’s reluctance to refer to Islamic State terrorists as “Islamic extremists.”

The representative from Hawaii was not facing a tough reelection, so none of these positions made sense to her fellow Democrats. Some suggested that she was a rare independent thinker in Congress; others identified in her a less virtuous strain of opportunism. Gabbard had “masked herself as a progressive to gain power,” Wasserman Schultz told me. After all, voters in Hawaii almost never elect Republicans to Congress.

Others pointed to deeper forces. “I think something happened around 2013,” Gabbard’s campaign colleague from Hawaii told me, pointing out that, at the time, several of her original congressional staffers resigned, and Gabbard replaced them with people affiliated with the Science of Identity Foundation. In 2015, Gabbard married Abraham Williams, the son of her office manager, both of whom, the colleague told me, were involved in the group. The couple’s Oahu wedding was attended by several members of Congress, including then–House Whip Steny Hoyer, as well as a representative from Indian Prime Minister Narendra Modi’s Hindu-nationalist party. It seemed as though Butler’s group had reeled her back in, the campaign colleague said. He remembers thinking, “I don’t know who the hell you are anymore.”

During the 2016 Democratic primary, Gabbard resigned from the DNC and endorsed Senator Bernie Sanders’s campaign for president because, she said, Hillary Clinton was too hawkish. Sanders-aligned progressives appreciated her support, especially because the Vermont senator had just been shellacked in South Carolina. On the trail, Gabbard spoke confidently about anti-interventionism, climate change, and Medicare for All. “I couldn’t think of an issue then where we had any degree of separation,” Larry Cohen, a union leader and the chair of the pro-Sanders progressive group Our Revolution, told me.

Senator Bernie Sanders with Gabbard at his campaign rally in Gettysburg ahead of the Democratic primary election in Pennsylvania, April 2016 (Mark Wilson / Getty)

But, in 2017, Gabbard made a move that stumped her new progressive friends, as well as most everyone else: She flew to Syria, in the middle of its civil war, and twice met with the now-deposed dictator Bashar al-Assad, who had by then already killed hundreds of his own people using chemical weapons, and who clung to power thanks to aid from Vladimir Putin. The original plan, according to a former staffer for Gabbard, had been to meet with everyday Syrians and “bear witness.” But as The Washington Post reported today, the trip’s actual itinerary deviated dramatically from the one that had been approved by the House Ethics Committee. The meetings with Assad had not been in the plan, and even Gabbard’s staffer, like others on her team, did not know about them until after they’d happened. “You fucked us,” the staffer, who also asked for anonymity to speak about confidential matters, remembers telling Gabbard later. “The reason you told us you were going on this trip will never come up again. It will only ever be about you meeting with Assad.”

For D.C. institutionalists, Gabbard’s conversations with Assad broke a long-standing convention that members of Congress do not conduct freelance foreign policy. But many also saw the trip as an unforgivable swerve toward autocracy.

Outside the Washington scene, Gabbard’s independence and charisma still counted. When Gabbard ran in the Democratic presidential primary in 2019, she could still muster an enthusiastic if motley alliance of progressives, libertarians, and conservative Hindus. She also did well among the kind of people who are fond of saying that all politicians are corrupt and neither political party is good for America. “I’m voting for her. I decided. I like her. I met her in person. Fuck it,” Joe Rogan said on his podcast that year.

Despite that glowing endorsement, Gabbard never scored above single digits in the contest, and dropped out of the race in March 2020. In the years that followed, she would pop up now and again with new and surprising takes. In December 2020, Gabbard introduced a bill to ban trans women and girls from playing women’s sports, plus two pieces of anti-abortion legislation. In 2021, she left Congress altogether. The next year, when Russia invaded Ukraine, she blamed President Joe Biden and NATO for ignoring “Russia’s legitimate security concerns.” Then she turned up as a featured speaker at the annual Conservative Political Action Conference.

At a late-summer conference in Michigan last year, Gabbard announced that she was supporting Donald Trump for president. She completed her political migration in October at a MAGA rally in North Carolina, when she said that she was joining the Republican Party. She praised Trump for transforming the GOP into “the party of the people and the party of peace.” Her message was that she hadn’t left the Democrats; they had left her. “People evolve on politics all the time,” the former House colleague and friend told me. “But that’s a long way from saying Hey, the party went too far to embracing Donald Trump.”

Gabbard’s instincts are those of a “moth to a flame of power,” Wasserman Schultz told me. And Trump’s flame is burning brightly again. But in Gabbard’s dogged pursuit of power, or at least of proximity to power, others see the influence not of a new guru, but of the old one: Butler. “She’s his loyal servant,” Van Duyn, the Science of Identity Foundation defector, said, and Gabbard regards him as “possessing infallible authority.” Van Duyn also told me that she has sent letters to several Democratic lawmakers, asking them to vote against Gabbard’s confirmation as DNI because she fears that sensitive intelligence “can and will be communicated to her guru.”

Each of the current and former Democratic lawmakers I spoke with for this story had concerns about the Gabbard-Butler relationship. “There are some very tough questions that need to be asked,” Representative Jill Tokuda, Democrat of Hawaii, told me. “Who’s really calling the shots when it comes to what Tulsi Gabbard believes?”

Gabbard at the Trump campaign rally at Madison Square Garden in New York City, on October 27, 2024 (Michael M. Santiago / Getty)

Butler, who is now in his late 70s and reportedly living in a beachfront home in Kailua, did not respond to a request for comment. But in a statement, Jeannie Bishop, the foundation’s president, disputed the accounts of people whom the group considers to be “propagating misconceptions,” and accused the media of “fomenting” Hinduphobia. (Butler’s foundation, along with a collection of 50 Hindu groups, sent out a press release last week blasting recent media coverage as “Hinduphobic.”)

[Tom Nichols: Tulsi Gabbard’s nomination is a national-security risk]

Regardless of whom her opportunism ultimately serves, political opportunity has come again for Gabbard. After she hitched her wagon to Trump, he chose her to be his spymaster in chief—a position for which she does not seem remotely qualified. The current director, Avril Haines, was confirmed after previously serving as deputy national security adviser, deputy director of the Central Intelligence Agency, and deputy counsel to the president for national-security affairs in the Office of White House Counsel. Gabbard has no similar background in intelligence or agency leadership. Henning, the Trump spokesperson, pointed to Gabbard’s endorsement from former CIA Director of Counterterrorism Bernard Hudson, who has commended Gabbard’s “independent thinking.”

Gabbard’s Assad visit and her pro-Russian views also remain fresh in the minds of many in Congress. Nothing proves that Gabbard is a “Russian asset,” as Hillary Clinton once famously put it, but Moscow seems gleeful about her selection to lead the intelligence agency: “The C.I.A. and the F.B.I. are trembling,” the newspaper Komsomolskaya Pravda crowed after her nomination was announced. Another Russian state outlet called Gabbard a “comrade.”

Judging by the congressional hearings so far, traditional expertise and credentials may not matter much to the GOP lawmakers charged with confirming Trump’s picks. But the incoherence of Gabbard’s ideological evolution may yet count against her: Reliability could be the sticking point. Republicans should know, as well as Democrats, that “she’s ruthless in her pursuit of personal power,” the Hawaii campaign colleague told me. “Even if that means disappointing MAGA folks or Trump, it’s clear she’d do it in a heartbeat.”

During her eight years in Congress, Gabbard was a fierce defender of privacy rights, something her supporters on both the right and the left long admired. In particular, she had opposed the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, legislation that permits some warrantless surveillance of American citizens. But after meeting with senators last week, Gabbard announced that the act’s surveillance capability “must be safeguarded.” The would-be director of national intelligence had had a change of heart.