Does President Trump have power to change Amendment 14?

Donald Trump,birthrights,immigrant

Ryan poured cold water Tuesday on President Trump's plan to issue an executive order ending birthright citizenship for illegal immigrants, saying "you obviously can not do that".

"You can definitely do it with an Act of Congress", said Trump, "but now they're saying I can do it just with an executive order".

Anyone born in the USA, including children of non-citizens and illegal immigrants, automatically qualifies to become an American citizen by virtue of being born on the American soil.

"It's ridiculous. It's ridiculous".

"You can not end birthright citizenship with an executive order".

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Revoking birthright citizenship would spark a court fight over the President's unilateral ability to change an amendment to the constitution. "Guess what? You don't", Trump said in an interview with Axious. "I've always supported comprehensive immigration reform - and at the same time - the elimination of birthright citizenship", he added. The language has led to what critics call "birth tourism", in which pregnant women enter the United States for the express goal of giving birth to attain citizenship for their child.

The 14th Amendment has its roots in slavery.

Under current policy, anyone born in the USA - regardless of whether they are delivered by a non-citizen or undocumented immigrant - is considered a citizen.

"When they are captured, we don't let them out", Trump said.

However, the legal challenges to such an executive order would force the courts to decide on a constitutional debate over the 14th Amendment.

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"I think the 14th Amendment is clear in enshrining birthright citizenship in the law, and there is interpretive case law from the Supreme Court supporting this", Siskind told Business Insider.

"Finally, a president willing to take on this absurd policy of birthright citizenship", Graham tweeted Tuesday.

"I would like to see us get back to rule of law", Scalise said, before referring to the migrants and asylum seekers traveling through Mexico on the way to the USA border.

He has vented his fury over a caravan of Central American migrants making its way to the US-Mexico border and is dispatching an additional 5,200 troops to bolster security.

To be able to usher in a change to the constitution, the President would likely need much more than an executive order however. "All persons in the USA, thus, except for accredited foreign diplomats in specified instances, are subject to US laws, and, if born in the US, are USA citizens".

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