Fox News legal analyst Andrew Napolitano on Thursday took a blowtorch to President Donald Trump’s insistence that he can end birthright citizenship in the United States with an executive order.
During an appearance on “Fox & Friends,” Napolitano said it was completely illogical for the president to argue that undocumented immigrants are not subject to the jurisdiction of the United States.
“Are illegals subject to the jurisdiction of the United States? Of course they are!” Napolitano said. “They commit a crime, they get prosecuted. They get in an automobile accident, they can sue. They have basic human rights — they can’t vote, they can’t run for office, but they are subject to the jurisdiction thereof.”
The 14th Amendment to the Constitution states that, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” which has been interpreted for decades to mean any person born on American soil is an American citizen.
The “Fox & Friends” hosts seemed disappointed by this analysis — but Napolitano told them they should be thankful that a president doesn’t have the legal authority to wish away constitutional amendments he doesn’t like.
“Look, the president can’t change the plain meaning of the Constitution with the stroke of a pen,” he said. “If he could do that, then Barack Obama could have gotten rid of the Second Amendment!”
Watch the video below.