THE CONSTITUTION.
KENNEDY: I LOVE THE
CONSTITUTION SO MUCH.
DEMOCRATIC LAWMAKERS HAVE
TRASHED THE PRESIDENT AS RACIST
AND ACCUSED HIM OF DEMAGOGUERY,
BUT DESPITE THE BLOWBACK,
REPUBLICAN SENATOR LINDSEY
GRAHAM PLANS TO INTRODUCE
LEGISLATION THAT WOULD END
BIRTHRIGHT CITIZENSHIP.
WILL THE PRESIDENT'S PEN BE
MIGHTIER THAN THE CULTURAL
SWORD?
JOINING ME NOW, SENIOR FELLOW
AT THE CATO INSTITUTE, ILYA
SHAPIRO.
WELCOME BACK.
HE'S BACK.
>> GOOD TO BE BACK, KENNEDY.
KENNEDY: IT IS GREAT TO HAVE
YOU.
LET'S TALK ABOUT THIS AND TALK
ABOUT IT FROM A CONSTITUTIONAL
ANGLE BECAUSE THERE IS A BIT OF
WIGGLE ROOM YOU POINTED OUT
WITHIN THE 14th AMENDMENT
BECAUSE OBVIOUSLY THE PRESIDENT
CANNOT UNDO A CONSTITUTIONAL
AMENDMENT WITH EXECUTIVE ORDER,
BUT THERE IS A TRICKY LINE IN
THERE WHICH GIVES HIM SOME
LEEWAY.
WHAT IS THAT?
>> WELL, THE PART OF THE 14th
AMENDMENT OPENING CLAUSE THAT
YOU DIDN'T READ WHEN YOU QUOTED
IT, I HAVE MY HANDY CATO POCKET
CONSTITUTION.
SHAPIRO WEDDING EDITION I MIGHT
ADD, AND SUBJECT TO THE
JURISDICTION THEREOF, THAT IS
WHERE THE DEBATE IS.
THAT IS ORIGINALLY THAT
EXCLUDED THE KIDS OF DIPLOMATS,
FOREIGN ARMIES AND INDIAN
TRIBES BECAUSE THOSE ARE
FOREIGN SOVEREIGNS, DIFFERENT
SOVEREIGNS, NOT BEHOLDEN TO THE
UNITED STATES.
AT THE TIME IN 1868 THERE WAS
NO SUCH THING AS ILLEGAL
IMMIGRANTS.
BUT I THINK IT'S A CLOSE CALL,
THERE ARE GOOD ARGUMENTS ON
BOTH SIDES, BUT I THINK THAT
YOU WOULD NEED A CONSTITUTIONAL
AMENDMENT BECAUSE THE KIDS OF
IMMIGRANTS, TOURISTS, WHAT HAVE
YOU, UNLESS THEY'RE DIPLOMATS
OR THE FOREIGN AGGRESSORS, WHAT
HAVE YOU, THEY ARE SUBJECT TO
THE JURISDICTION OF THE UNITED
STATES.
IF ILLEGAL IMMIGRANTS COMMIT
CRIMES, FORM CONTRACTS, THEY
ARE SUBJECT TO AMERICAN LAW.
AND BY THE WAY, THIS IS A
DEBATE ABOUT WHETHER YOU NEED A
CONSTITUTIONAL AMENDMENT OR AN
ACT OF LAW.
LIKE WHAT LINDSEY GRAHAM IS
PROPOSING.
THAT'S WHERE THE FIGHT IS GOING
TO BE.
I CAN'T FATHOM A PLAUSIBLE
LEGAL ARGUMENT HOW THE
PRESIDENT CAN DO THIS BY
HIMSELF.
IF THE JUSTICE DEPARTMENT
OFFERS LEGAL COUNSEL OR
SOMETHING IS HIDING A MEMO, I
WOULD LOVE TO SEE THAT.
THAT WOULD BE INGENIOUS
LAWYERING.
KENNEDY: I AGREE WITH PAUL RYAN
HERE THEY WAS CRITICAL OF
PRESIDENT OBAMA WHEN HE WAS
ISSUING SO MANY EXECUTIVE
ORDERS ON IMMIGRATION BECAUSE
HE SIMPLY COULDN'T WORK WITH
CONGRESS, BUT SAID HE HAD A PEN
AND PHONE, AND BY GUM, HE WAS
GOING TO GET STUFF DONE.
BUT AS WE'VE SEEN, AS THIS
PRESIDENT CONTINUES TO UNDO
MUCH OF PRESIDENT OBAMA'S
LEGACY.
THE NEXT PRESIDENT IS GOING TO
DO THE EXACT SAME THING.
>> ME TOO.
KENNEDY: AND IT'S GOING TO BE
MORE CHAOTIC AND CONFUSING FOR
PEOPLE TRYING TO COME TO THIS
COUNTRY LEGALLY.
>> THAT'S RIGHT, IF YOU LIVE BY
THE PEN AND PHONE, YOU DIE BY
THE PEN AND PHONE, I WAS HIGHLY
CRITICAL OF PRESIDENT OBAMA.
PRESIDENT SIMPLY DOESN'T GET
MORE POWER WHEN CONGRESS
DOESN'T ACT.
THAT'S NOT PART OF THE
CONSTITUTION.
I THINK THIS WAS MORE OF A
POLITICAL PLOY BY DONALD TRUMP.
MIGHT BE EFFECTIVE.
SEE WHAT HAPPENS IN THE
ELECTIONS NEXT WEEK AS CHRIS
WAS DESCRIBING.
ULTIMATELY THE LEGAL DEBATE
BEFORE WE GET TO THE POLICY
DEBATE WHETHER WE SHOULD END
BIRTHRIGHT CITIZENSHIP.
THE LEGAL DEBATE IS OVER
LINDSEY GRAHAM'S LEGISLATION,
HE'S PROPOSED IT BEFORE.
I'M NOT SURE HE CAN GET IT
THROUGH CONGRESS, YOU HAVE TO
GET THROUGH THE LEGISLATIVE
FILIBUSTER, I'M NOT SURE
WHETHER COCAINE MITCH IS GOING
TO GET IT THERE.
KENNEDY: I WANT TO BRING
SOMETHING UP, NOT ONLY WILL YOU
SEE A LOT OF CONGRESSIONAL
FIGHTING IF DEMOCRATS TAKE THE
HOUSE AND REPUBLICANS MAINTAIN
THE SENATE.
HOUSE REPUBLICANS AND SENATE
REPUBLICANS ALREADY HATE EACH
OTHER SO I DON'T SEE HOW THEY
PASS SOMETHING LIKE THIS, THE
ONLY MEANINGFUL THING THEY'VE
BEEN ABLE TO COME TO AGREEMENT
ON IS TAX CUTS SO FAR AND
IMMIGRATION, THAT IS SOMETHING
THAT IS MUCH, MUCH MORE HOTLY
CONTESTED AS WE ARE SEEING
RIGHT NOW.
GO AHEAD, LAST WORD.
>> MY POSITION ON THE POLICY
SIDE IS WE DON'T WANT TO CREATE
A PERMANENT UNDERCLASS LIKE
GERMANY HAS WITH ITS THIRD
GENERATION TURKS THAT ARE STILL
NOT CITIZENS.
THAT SORT OF THING.
BUT ON THE LEGALITY IT'S A
CLOSER CALL FOR ME THAN THE
POLICY.
I THINK YOU NEED A
CONSTITUTIONAL AMENDMENT, BUT
THERE ARE GOOD ARGUMENTS ON
BOTH SIDES, AS LONG AS YOU
DON'T DO IT BY EXECUTIVE ORDER.
A PRESIDENT IS NOT A KING.
KENNEDY: ABSOLUTELY RIGHT.