"Guess what? You don't", a gleeful Trump told Axios' Jonathan Swan when asked about his desire to end the practice of birthright citizenship, which is based on a longstanding interpretation of the 14 amendment's classification of all persons born or naturalized in the United States "and subject to the jurisdiction thereof" as citizens.
Still, lawyers doubted that Trump could use an executive order to end the constitutional right. "So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other", he wrote on Wednesday.
Still, Trump plunges ahead with daily alarms and proclamations about immigration, and on Wednesday did not back down from his controversial proposal to upend the very concept of American citizenship.
Napolitano, though, said the only way that birthright citizenship can be altered is through a Constitutional amendment.
Earlier Wednesday, Trump vowed to push forward with his call to end birthright citizenship, despite a backlash from legal scholars and some prominent members of his own party against his pledge a day earlier to take executive action on the matter.
Trump doubled down on his commitment to upending the 14th Amendment to the riled-up crowd chanting, "USA!" But said in the next breath he believes "we can do this by executive order". "We will get rid of all of this".
In another tweet, he added: "Harry Reid, when he was sane, agreed with us on Birthright Citizenship!".
Kobach, the Kansas secretary of state, is Trump's biggest political ally in the state and has advised the White House on homeland security issues.
The 14th Amendment was a response to the Supreme Court's 1857 decision in Dred Scott v. Sandford, which said that slaves and their children were not USA citizens and therefore, could not sue in federal courts.
Trump tweets that Ryan "should be focusing on holding the Majority rather than giving his opinions on Birthright Citizenship, something he knows nothing about!".
Added to the Constitution in 1868-150 years ago-the 14th Amendment has been considered in various Supreme Court decisions over the years. The dissenting side of the court, however, argued that the phrase meant not being subject to any foreign power, including that which might result from being claimed as a citizen of another country through inheriting that citizenship from a parent.
At least since 2005, Republicans in the U.S. Congress have regularly offered legislation ending birthright citizenship for children born in the United States if their parents were in the United States illegally.
In essence, if Mr Trump signs such an order, and a lawsuit by a State is filed, Mr Horowitz said: "judges faithful to their oaths will have no choice but to agree with him".
In a statement on October 31, Reid said he "made a mistake" by proposing a bill that would alter birthright citizenship, claiming that his wife confronted him shortly after and changed his mind. At the same time, the President has derided his predecessor Barack Obama for taking executive actions to block some young undocumented immigrants from deportation, a step Trump said was a presidential overstep.
"It's in the process", Trump said. "The Constitution is quite clear that no one, including the President of the United States, is above the law". The debate hinged on the question of what it means to be "subject to the jurisdiction thereof", which the court in Wong Kim Ark read to mean people required to obey United States law. And 84 years later in its 1982 ruling in Plyler v. Doe, the Supreme Court ruled that even if one enters the USA illegally, they were within US jurisdiction-which means that any of their US -born children enjoy 14th Amendment protections.