Donald Trump: The 14th Amendment Is Unconstitutional


After launching his presidential campaign by calling Mexican immigrants “rapists,” Donald Trump is now following up on his nativist rhetoric by taking aim at the Constitution.

On Tuesday, when Bill O’Reilly challenged the presidential hopeful’s proposal to end birthright citizenship in light of the 14th Amendment, Trump hit back: “Bill, I think you’re wrong about the 14th amendment and frankly the whole thing about anchor babies.”

“I can quote it, you want me to quote you the amendment?” O’Reilly responded. “If you’re born here you’re a citizen. Period!”

But Trump insisted he and his lawyers have found some disturbing holes in the amendment, which unequivocally states that anyone born in the United States is in fact an American citizen.

“What happens is, they’re in Mexico, they’re going to have a baby, they move over here for a couple of days, they have the baby,” Trump said, while trying to break down his legal take. “Bill, [lawyers are] saying, ‘It’s not going to hold up in court, it’s going to have to be tested.'”

“I don’t think they have American citizenship, and if you speak to some very, very good lawyers, some would disagree,” Trump added. “But many of them agree with me—you’re going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell. We have to start a process, Bill, where we take back our country.”

O’Reilly pointed out that if Trump wanted to end birthright citizenship he could push for an amendment to the constitution—a position held by the former reality TV show star’s fellow GOP presidential candidate Scott Walker—but in a slight capitulation, Trump acknowledged that that would probably “take too long” and said he’d rather use his potential presidency to “find out whether or not anchor babies are citizens.”

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do journalism differently. We stand for justice and democracy. We reject false equivalence. We go after stories others don’t. We’re a nonprofit newsroom, because the kind of truth-telling investigations we do doesn’t happen under corporate ownership.

And we need your support like never before, to fight back against the existential threats American democracy faces. Fundraising for nonprofit media is always a challenge, and we need all hands on deck right now. We have no cushion; we leave it all on the field.

It’s reader support that enables Mother Jones to report the facts that are too difficult, expensive, or inconvenient for other news outlets to uncover. Please help with a donation today if you can—even a few bucks will make a real difference. A monthly gift would be incredible.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate