Phrase Subject News Today

Right citizenship which is in the 14th amendment. what are the plans for that? >> i notice that you worked that it is in the 14th amendment many constitutional scholars would wholeheartedly disagree with that. most americans think its crazy that you can come across-the-boarder say perhaps -- reporter: what do you plan to do about it? >> were looking at all legal option but the key point i want to leave you with today is that many legal scholars believe that the phrase subject to the jurisdiction...

Youre born in this country isnt as black and white as it appears. its nuanced and addressed again and again. the 14th amendment as im reading it here for you listen, all person born and naturallized in the united states and subject to the jurisdiction there of are citizens of the united states and of the state wherein they reside. your point is theres latitude for the president to say weve got to look at that. >> theres considerable latitude and considerable confusion about this topic. when the ...

Well, what about all the-- those who are born here that are of indian tribes, are they going to be citizens of the united states? so they added the phrase subject to the jurisdiction thereof for the purpose of making that precise distinction, that meant not merely abiding by the traffic laws within the country, it meant political allegiance, to whom are you allegiant. you cant have allegiance to another country and be given citizenship by mere birth. that was not their understanding at the time ...

The idea, as this little run around, that the phrase subject to the jurisdiction thereof changes things, because illegal people, theyre not subject to the jurisdiction. really? then why can you have i.c.e. round them up like stray cats? the reason you can is because they are subject to your jurisdiction. lastly, as a matter of fact, trump saying today that what he wants to do is okay because thats what obama did? he hated what obama did. listen for yourself. >> president obama signed daca. when ...

When a president passes a regulation or congress passes a statute and you argue that maybe this isnt consistent with the 14th amendment, you might read it the way jeffrey does. i read it the way i believe the drafters of the 14th amendment intend it. then you go to court and the courts will tell us what the actual meaning of the phrase subject to the jurisdiction thereof means. so it will certainly go to court no matter what. >> we agree on that. >> jeff, if the president, though, were serious a...

They want to just stick to the text, especially when it comes to the supreme court. thats their argument with the second amendment, about bearing arms. dont apply it to now and the realities we have. it only means what it says. and yet now, when it comes to the 14th amendment, they want the opposite. dont look at what the framers said. look at what it means today. they never envisioned this. the idea, as this little run around, that the phrase subject to the jurisdiction thereof changes things, ...

Contrary to any federal statute. it would be an interpretation of a federal statute, but theres nothing in the federal code that directly refutes or contradicts such a regulation. >> wouldnt it be altering the 14th amendment? isnt that something -- i understand you can agree or disagree with what the meaning of the words of the 14th amendment are, but isnt it something that congress are the ones that have to change? it cant be done by executive order? >> and that is why i said it will undoubtedl...

Sign off on it and an amendment is very tough, its heavy lift. >> shannon: there are other scholars out there conservatives who say this isnt what it seems on its face. over at the daily signal, he writes the fact that they tourist or illegal alien is subject to our laws does not place them within the clinical jurisdiction of the united states, defined by the framers of the 14th amendment. what do you say? >> i think hans and other of my conservative friends are mistaken. that phrase subject to ...

It is 50/50 at best whether the supreme court would sign off on it and then amendment is very tough. >> there are other scholars out there conservatives who say this isnt what it seems on its face was you get the word subject to the jurisdiction thereof, that is the turning point. the daily signal rights this, the fact that tourist illegal alien is subject to our laws, does not place them within the political, quote, jurisdiction of the united states as defined by the framers of the 14th amendme...

They get prosecuted. they get in an automobile accident, they can sue. they have basic human rights. they cant vote or run for office. subject to the jurisdiction thereof. the phrase subject to the jurisdiction thereof is intended to exclude from automatic citizenship the offspring of those who are not subject to our jurisdiction. who would that somebody in foreign diplomats. foreign heads of state. foreign agents. brian: do you agree that our founding fathers couldnt have possibly foreseen 20 m...