Columbia, SC (WLTX) - — After President Donald Trump expressed, in tv interviews this week, his desire to limit birthright citizenship to some groups, a South Carolina attorney said it would require more than an Executive Order.
Jay Bender has been practicing law since 1975, represents various media groups defending the 1st Amendment, including WLTX, is a retired law professor from USC and is well versed in the Constitution.
He told WLTX on Tuesday the language of the 14th amendment is cut and dry.
“The 14th Amendment was adopted after the Civil War to give emancipated slaves citizenship. And in the nearly 150 years since it has been adopted, the near unanimous interpretation of it is, if you are born in the United States in circumstances other than your parents being diplomats, or, for a long time, Indians, you have United States citizenship,” Bender said.
He continued that in his professional opinion, the spirit of the law was built on the same idea.
“The sponsor of the 14th amendment said that he was restoring the English Common Law principle of 'Jus Soli' and that is citizenship by virtue of birthplace,” Bender told WLTX.
He added that the President's current proposal is flawed under his understanding of Constitutional law.
“I don't think that an Executive Order can change the interpretation of this provision of the 14th amendment,” Bender said.
The change is possible, but would require more than an Executive Order, according to Bender.
A Constitutional change would require legislative action in Congress, then a two thirds majority ratification from the states, Bender said.
Most scholars agree with the idea there would need to be a Constitutional amendment to change the 14th Amendment, according to the Associated Press.
Read the section of the 14th Amendment Bender references, below:
14th Amendment, Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."