Although his Trumper colleagues seemed like they would love nothing better than to end birthright citizenship, Judge Andrew Napolitano was unequivocal in his opinion that birthright citizenship is enshrined in the Constitution and can only be removed by Constitutional amendment.

Fox News conservatives are always talking about how they want “originalist” judges. But now that Donald Trump wants to undo the 14th Amendment via executive order (and never mind how he railed against President Barack Obama’s executive orders as “major power grabs of authority"), the Trumpers seem ready to fall in line. Even though they suggested Obama should be impeached over executive orders.

Fortunately, for the sake of democracy, senior judicial analyst Napolitano shot down the proposed fascism which, predictably, Republicans seem likely to enable:

NAPOLITANO: Congress can establish the means by which this happens, the means by which the offspring of undocumented parents become American citizens. But it cannot stop it from happening. Neither the president nor the Congress can frustrate the Constitution, they’ve all taken the same oath to uphold it. Only a Constitutional amendment can change this.

[…]

Congress has a menu of many things it can do to make immigration fairer, easier to administer, less expensive, less traumatic. But it cannot interfere with the Constitution. Once here, the baby born is an American citizen. 

The question is, if Trump goes through with his plan, which would inevitably propel the issue to the Supreme Court, would the conservative ideologues now in control rubber stamp it?

Watch Napolitano lay down the law below, from the October 31, 2018 Outnumbered. Underneath is a link to the full discussion.