Dershowitz: Blanket Birthright Citizenship Is ‘Foolish,’ But It’s in the Constitution

EXCERPT:

DERSHOWITZ: “The only exception to it is the 14th Amendment says, 'All persons born,' that person was born, but, '...and subject to the jurisdiction thereof.' And that’s where some people say, well, if a person left the country and never had any connection, maybe that person isn’t subject to the jurisdiction of the United States. I think that would require legislation. So, I think the weakest case is the president just announcing it. You know, it may be the right thing to say from a policy point of view. The second stronger case would be if Congress passed legislation saying a person born in the United States will not be deemed subject to its jurisdiction if he is not in the country for — and then list a bunch of times. But I think the weakest case is just to announce that we’re just not going to follow the words of the 14th Amendment. That seems very, very difficult to justify. Obviously, the courts will have the last word on this, and it depends on whether you’re a literalist reading the Constitution or more of a functionalist. The rule itself is not a wise rule, but it’s in the Constitution."

(Via Breitbart)