Today, Fox News analyst Judge Andrew Napolitano slammed Republicans trying to change the 14th amendment to end birthright citizenship. When asked about the effort to change the amendment, Napolitano derided it as “nothing but political chatter.” He then went on to castigate the Republicans who are advocating for ending birthright citizenship, saying, “These people took an oath to uphold the Constitution whether they agree with it or not! All of it not part of it!”:
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. [...]
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.
Not all Republicans have endorsed the extreme cause of altering the 14th amendment. Cesar Conda, who was a domestic policy adviser to former Vice President Dick Cheney, called the drive to change the amendment “offensive.” “The 14th Amendment is a great legacy of the Republican party. It is a shame and an embarrassment that the GOP now wants to amend it for starkly political reasons,” former Bush media advisor Mark McKinnon told the press.