That tanked last week, all coming back, now, slowly but surely. The dow up about a percentage point, the nasdaq up more, and the s and p in the green as well. Your world with neil cavuto starts now. Looking live at the white house, the president is expected to address the issue of ilLegal Immigration and border security, just as were hearing now of a fourth, thats right a fourth caravan of migrants making its way to the southern border. This as the president is pushing to independent birth right citizenship. Critics say he cant do that under the 14th Amendment. A Competition Law Professor says not so fast. Welcome, glad to have you, i im neil cavuto. Thank to you Charles Pairn for filling in ably, too ably, hiel while i us a out. John roberts at the white house, what we can expect to hear from the president of the United States. John . Neil, youre back so soon, i
thought you would have taken the rest of the week off. Neil apparently there was something going on with the markets. The pr
so the constitution said this subject to the jurisdiction of. the court, the supreme court has upheld that reading except for 1898 case in which they said permanent residents if they re born here get citizenship, but the supreme court has never clarified what about temporary visitors here on a tourist visa or those who are not here legally. the supreme court has not clarified that. neil: all right, let me be clear. the way it was interpreted at the time when they first came up with this you believe in 1866 after the civil war, people permanent rizs were automatically citizens something not afforded to slaves prior to that, but one of the things you argue that s interesting is that this is the way it s done in europe, right? that it s not by geographical origin, but by bloodline. what does that mean? so the most countries in the world, except for many of those in central and south america, no developed country except the united states and canada, all
never would have envisioned the type of situation where many illegals come, in have a child, that child instantly becomes a citizen. they, themselves, by extension ultimately get to stay here that, would have never been envisioned by forefathers. the constitution stants, and they say it s never, ever been picked apart to be denied. you say? well, i see your point. but we have to understand that the constitution is actually written for future circumstances as well. it is clear that although the immigration laws we have are much more complicated, the challenges are complicated, the fourth amendment comes along after the civil war mainly to deal with freed slaves. they wanted citizenship clause and they wanted to make sure it included the right parameters and they added this phrase, subject to the jurisdiction of, and told us what it meant. they didn t at one time give away citizenship. neil: i want to be clear this came around 1866, after the
congress has laws on who becomes a citizen. but in the particular here, all they do is say subject to the jurisdiction of. it leads the 14th amendment question open. the court has not said what to do with some one who s here illegally or temporarily. this is the case in which the executive, who s responsible for executing the law, should issue an executive order clarifying how to execute the law consistent with the law. he s not doing something that is against something that s there. the problem, it s not clear. there noz clarity in the law. which i think is probably the better way to solve the problem. he should make sure his own administration is not doing something, perhaps giving away citizenship, when they ought not to according to the rules that congress has established. neil: help me with this, i talked to a number of legal scholars, say nothing one has challenged the verasity of the 14th amendment, you could come back and counter the founders
through an executive order or regulatory action is the phrase in the 14th amendment, the opening line, which says, subject to the jurisdiction of. he believes as foreign dignit y dignitaries they re not subject to the jurisdiction of the united states and twlfer with the albanian ambassador had a baby at gw hospital, he would not be an american citizen. neither should illegal immigrants be subject to the jurisdiction of the united states. it s a legal argument that i m sure is life for all kinds of argument. that s what the white house is looking at doing if they can do it through executive order or regulation. shepard: okay, what more do we know about his travel plans? well, as you mentioned at the top, five days left of campaigning at least, until people go to the polls tuesday. the president with 11 rallies in that time. let s put up the map you had a bit ago. the president in fort myers, florida, campaigning for rick scott and ron desantis. the democrats lead, bill nelson