Napolitano on Trump push to end birthright citizenship: He ‘can’t change the plain meaning of the Constitution’

Napolitano on Trump push to end birthright citizenship: He ‘can’t change the plain meaning of the Constitution’

Fox News senior judicial analyst Andrew Napolitano on Thursday pushed back against President TrumpDonald John TrumpTed Cruz knocks New York Times for 'stunning' correction on Kavanaugh report US service member killed in Afghanistan Pro-Trump website edited British reality star's picture to show him wearing Trump hat MORE's pledge to end birthright citizenship by executive order. 

“The 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 during an appearance on "Fox & Friends."


“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 a presidential executive order declaring that birthright citizenship doesn’t exist,” the senior judicial analyst continued.

“Why do I say that?” Napolitano asked. “Because the plain meaning of the 14th Amendment says all person born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”

“Look, the president can’t change the meaning of the Constitution with the stroke of a pen,” Napolitano added. “If he could do that, then Barack ObamaBarack Hussein ObamaBooker dismisses early surveys: 'If you're polling ahead right now, you should worry' Let's not play Charlie Brown to Iran's Lucy Mattis dodges toughest question MORE could have gotten rid of the Second Amendment, which he hated.”

Napolitano also said he thinks Trump is actually aware he can’t use an executive order to eliminate automatic citizenship for those born in the U.S., but is simply using the issue to gin up his base.

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

His remarks comes days after Trump said in an interview this week that he will sign an executive order intended to end the practice of birthright citizenship.

"It was always told to me that you needed a constitutional amendment. Guess what? You don't," Trump said during an interview with Axios.

"You can definitely do it with an act of Congress. But now they're saying I can do it just with an executive order," the president added, before incorrectly stating: "We're the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States ... with all of those benefits."

Most countries in the Western Hemisphere have some form of birthright citizenship.