Judge Napolitano Says Legislation On Birthright Citizenship Is Just As Unconstitutional As An Executive Order

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Nick Givas Media And Politics Reporter
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Fox News judicial analyst Andrew Napolitano said a law limiting or eliminating birthright citizenship would be just as unconstitutional as an executive order from President Donald Trump.

“Congress can write legislation that puts sections of the constitution into our law and tells bureaucrats how to enforce sections of the Constitution, but Congress can’t change the Constitution,” Napolitano said on “Fox & Friends” Thursday. “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 a presidential executive order declaring that 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,” he added.

Napolitano said a constitutional change is the only thing that will remedy the issue of anchor babies and clarify the definition of U.S. citizenship. (RELATED: Law Professor Jonathan Turley Says There’s ‘Good Faith Arguments’ To Be Made About Limiting Birthright Citizenship But Not Through Executive Order)

“The remedy is to change the Constitution, which is very difficult, very cumbersome and in my opinion will not happen,” he said. “It would not require a vote of two-thirds of both houses of Congress. That’s not going to happen now. And ratification by three-quarters of the state legislatures.”


“Look, the president can’t change the plain meaning of the Constitution with the stroke of a pen. If he could do that then Barack Obama could have gotten rid of the Second Amendment, which he hated,” Napolitano continued.

He said Trump is only stirring up the debate to help the GOP in the midterms and doesn’t seriously believe he can have birthright citizenship rescinded by executive order.

“Presidents can’t do that and I think the president knows that. I believe he has generated this because he wants the debate,” Napolitano concluded, adding:

“He thinks this debate will help Republicans in the five days remaining before the midterms. I don’t think he seriously thinks he can change the Constitution with an executive order.”

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