Judge Nap: Unconstitutional for Either Congress or Trump to End Birthright Citizenship

‘I don’t think [Trump] seriously thinks he can change the Constitution with an executive order’

EXCERPT:

EARHARDT: "President Trump vowing to change birthright citizenship rules with the stroke of his pen."
DOOCY: "But not everybody in Congress, including people in his own party are on the same page. So what are the president’s options? Here to weigh in Fox News senior judicial analyst Judge Andrew Napolitano."
NAPOLITANO: "Good morning, guys."
EARHARDT: "Good morning."
DOOCY: "The president said the other day maybe he would change it via executive order. But then yesterday he said maybe he would prefer to go through Congress rather than executive order."
NAPOLITANO: "Well listen, Congress can write legislation that puts sections of the Constitution into your law and tells bureaucrats how to enforce sections of the Constitution. But Congress can’t change the Constitution. So if the president wants legislation that says for example the Congress declares that birthright citizenship no longer exists, that legislation would be just as unconstitutional as the presidential executive order declaring the birthright citizenship doesn’t exist. Why do I say that? Because of the plain meaning of the 14th Amendment, which says all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state in which they live."

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