Trump: The 14th Amendment Won’t Hold Up In Court

[MosheFeingold]

84. An old lawyer perspective

The 14th Amendment says (in relevant part):

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The purpose of this was to make former slaves citizens.

Now, look at the phase "and subject to the jurisdiction thereof."

Case law, and history is clear that this DOES NOT INCLUDE: (1) children of hostile soldiers born in the USA; (2) children of diplomats.

It could also include, by statute (i.e., Congress) children of undocumented immigrants, in that said immigrants remain subject to the jurisdiction of their home countries.

The case law is extremely muddy, with the closest example being children of legal immigrants (i.e., "green card" immigrants) being citizens.

But, yes, the law can be changed.

So Trump is theoretically correct, in a ain't-gonna-happen sorta way, as it would take 60 votes and the President to sign a law.