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That tanked last week, all coming back, now, slowly but surely. The dow up about a percentage point, the nasdaq up more, and the s and p in the green as well. Your world with neil cavuto starts now. Looking live at the white house, the president is expected to address the issue of ilLegal Immigration and border security, just as were hearing now of a fourth, thats right a fourth caravan of migrants making its way to the southern border. This as the president is pushing to independent birth right citizenship. Critics say he cant do that under the 14th Amendment. A Competition Law Professor says not so fast. Welcome, glad to have you, i im neil cavuto. Thank to you Charles Pairn for filling in ably, too ably, hiel while i us a out. John roberts at the whi ....
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 it s crazy that you can come across-the-boarder say perhaps reporter: what do you plan to do about it? we re 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 thereof, doesn t apply to people on a temporary basis or here illegally and to the point would be then what can we as a government do to execute the president s obligation to take care of the law is basically executed. the constitution being the supreme law of the land, and so watt is the correct interpretation of the 14th amendment? reporter: when do you plan to do that? i don t have any news on that today but i want to leave you with this. for years americans had politicians of both parti ....
You re born in this country isn t as black and white as it appears. it s nuanced and addressed again and again. the 14th amendment as i m 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 there s latitude for the president to say we ve got to look at that. there s considerable latitude and considerable confusion about this topic. when the 14th amendment was written after the civil war, it was intended to deal with the slaves that had been freed by that war and make them citizens, but it raised this question what about everyone else who might be born in the united states? they said born or naturalized, but that wasn t enough. they added this phrase subject to the jurisdiction thereof, which they debated. what does that mean? because it raised this question, ....
Professor, he wrote a very fascinating piece here exploring what the president wants to do here. essentially, arguing that the 14th amendment isn t as black and white as it would appear noting that all persons born or naturalized in the united states and subject to the jurisdiction thereof, crucial words according to the professor, are citizens of the united states wherein they reside. professor, good to have you. you argue that that leaves some room for interpretation at a minimum, right? it leaves lot of room. as a matter of fact, that clause, subject to the jurisdiction, was added precisely, to clarify. we don t put words in the constitution. they re not there with no meaning. so the words subject to the jurisdiction where there is a debate, does that mean order law, as you abide by traffic rules? or does it mean what they said and what the sponsor of the legislation in the senate said, it means political allegiance. you aren t subject to anybody else in terms of your allegiance ....
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 isn t 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 amendment. what do you say? hans and other of my conservative friends are mistaken. the phrase subject to the jurisdiction thereof applies to three groups of people. at that time in 1867-68 when this amendment was drafted and ratified it applies to indians, the largest group not considered subject to the laws of the united states even on the ....