Fox News analyst Judge Andrew Napolitano slams Republicans for threatening to change the 14th Amendment, deriding their arguments as “nothing but political chatter.”
NAPOLITANO: The law has been upheld uniformly since 1868 and without exception. And we start with a couple of basics. The Congress cannot change the constitution of the 14th amendment on its own. It takes 2/3 of each house of Congress and 3/4 of the states to change the amendment. […] so this is nothing but political chatter by those who are concerned understandably by problems at the border. [...] I can’t imagine that there’d be a consensus to change the 14th amendment. [...]Boehner, McCain and the others are engaging in the worst kind of grandstanding, promising things which he is never going to be able to deliver. Napolitano does well to call these buggers out for this.
HEMMER: But if the [Birthright Citizenship Act] were carried out, you had 100 co-sponsors about a year ago, it would require at least one parent to be a US citizen for a baby to become an american citizen at birth. If you were to enact the BCA as some refer to it, is that a way to get around the 14th amendment, and get done what people like John Cornyn, and John Kyl and John Mccain, and we heard John Boehner are trying to do.
NAPOLITANO: No! That would not be a a way around it. There is no way to get around the 14th amendment. These people took an oath to uphold the Constitution whether they agree with it or not! All of it not part of it! The Supreme Court has said you cannot take privileges or benefits away from a child because of a crime committed by the parent. Therefore everybody born here is an American citizen, no matter what their parents’ status was at their birth.