Fox’s Napolitano on 14th Amendment: ‘Everybody Born Here is a Citizen, So Says the Constitution’


Fox News senior judicial analyst Andrew Napolitano countered Donald Trump on Wednesday as the president doubles down on his proposal for an executive order to abolish birthright citizenship for the children of non-American citizens.

The judge was the #OneLuckyGuy on Wednesday’s Outnumbered panel, and he started by discarding the idea that there’s a legal dispute about the 14th Amendment’s nature of granting birthright citizenship.

“This has not been a serious debate other than in academic circles,” said Napolitano. “The 14th Amendment has been in the Constitution for 150 years. For 150 years, without exception, it has been consistently interpreted to mean whoever is born here is an American citizen.”

While Napolitano acknowledged the debate over the “subject to the jurisdiction thereof” portion of the 14th Amendment, he explained that that phrasing was meant for diplomats and foreign politicians who aren’t subject to the jurisdiction of American law. This is different, Napolitano said, for illegal immigrants who can be prosecuted and can sue in court because they are subject to the law as American citizens are.

“Let me tell you why this amendment was written, it was written for two reasons: One, to make a clear and unambiguous constitutional reversal of one of the worst Supreme Court opinions in history, Dred Scott v. Sanford, which said that African-Americans are not persons and not citizens. Two, it was to stop the southern states from the beginnings of Jim Crow: the slaves are free, but we’re still are not going to treat them as people, we’re not going to treat them as citizens! Oh, yeah? Everybody born here is a citizen, so says the Constitution.”

Watch above, via Fox News.

[Image via screengrab]

— —

>> Follow Ken Meyer (@KenMeyer91) on Twitter

Have a tip we should know?

Filed Under: