Only other developed nation to have this rule, according to the imf. Others also have it, but the move sparked some outrage. This is ridiculous that we have this role . It is not ridiculous that we have this role, this will within the constitution. There is no precedent, there is no legal authority, no basis for this suggestion. In the president of the United States, in office to uphold the constitution, he is trying to defy the constitution. Martha but if you look back in history, this idea has been discussed, obviously, since the original debate of the 14th amendment, and the meaning of the words of that amendment have been wrangled with for decades per jeb bush, also suggested that perhaps the amendment should be revisited, as did harry reid. Making it easy to be an illegal alien offering a reward for being an illegal immigrant. No sane country would do that, right . Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with u. S. Citizenship. Martha he later backpedaled on that and changed his mind, said he regretted bringing it up. But in moments, brit hume is here on the vitriol toward President Trump following this announcement. First we start with constitutional law attorney Jonathan Turley for a levelheaded look at what the president actually can and cannot do. Jonathan, good to have you with us here tonight. You say you are glad the president brought it up because you believe it will force the courts to look at it, and that is good. That is absolutely correct. We are about 150 years late in finding out what this amendment means. It has been a debate since this was first ratified, all of this debate turns on these six rather ill chosen words, what was meant by being subject to the jurisdiction of the United States . Some of the drafters of the time clearly evidenced a belief that noncitizens that come to this country, whether they are diplomats or undocumented, would not have immediate citizenship for their children. And so, there is a good debate here. There are three different types of interpretations that have been put forward. I cant imagine how people can say with such certainty that this language means that anyone in the United States for any reason can have a citizen when they give birth on our soil. That is not evident from the text of the amendment. Many people at the time clearly didnt hold that view. It is not that is not a frivolous view. There are good faith arguments on both sides, but the Supreme Court has never said with any clarity or finality what it means. Martha see you think this would move that forward . And the president do it with an executive order . And he make that change . Bat, i think, is more doubtful. I think Lindsey Graham is right that the best way to go about this is with legislation. Of those three interpretations, the president would lose on two with what this means. It ultimately comes back to the meaning of the amendment. If the amendment means that anyone in the United States can produce a child who is a citizen, then obviously the president cant change it, neither can congress. One interpretation is that it is left to congress, and in that case, he still cant change it with an executive order, but congress can. An executive order is not the ideal way to go here. He is adding baggage to an already difficult challenge. Martha here is a tweet from jim acosta earlier today, said the founder set up the constitution so the president cant do what he is proposing to do with birthright citizenship. It is a stunned, like sending troops to the border for a nonexistent invasion. In terms of the first part of that, well get to the second part in a moment with brit hume, but in terms of the ability to approach this as a president , what tools does he have in his toolbox, potentially . The best tool is to go to congress on follow the lead, in this case, Lindsey Graham, and to seek legislation. It is a good thing for this to be reviewed by the court. The Supreme Court ruled many years ago that a chinese family was entitled to citizenship of their child who was born on u. S. Soil, but that family was here as a legal residence. Many people who adopt a more narrow view of this amendment believe that citizens would fit that narrow interpretation pair this up in court still has work to do, and it has been about 150 years for them to do it. Martha Jonathan Turley, always enlightening, thank you very much, go to talk to you tonight. As we said, the heat is still on, about a week to go, so all of these issues are hot, hot, hot right now. There is no shortage of vitriol lying around on both sides. Watch this. What donald trump and with the republican party, that has been completely taken over by donald trump, is using his racism. You see it in donald trump, saying he is going to change the constitution with an executive order, he cant do that. It is not about anything other than scaring americans and actually appealing to the most racist base instincts. Martha fox news senior medical analyst brit hume says the charge that the president is racist but reflect Media Coverage gone awry. Brit, good evening to you. Your reaction to mr. Scarborough there . This may be misbegotten, as Jonathan Charlie suggests, an executive order may not possiblt citizenship, but that doesnt make it racist. Racism is a pretty clear thing, it is they believe in the superiority of one race over another, and you have to express that, it seems to me, to be considered a racist. I think the case that is constantly made of, and you hear it it is not even a case, it is the assertion that is constantly made, casually made, flung about, that donald trump is a racist, is simply not substantiated. From joe scarborough, who ought to know better to Say Something like that as casually as he did there, seems to me an example of why the media are having so much trouble Building Public support these days, it has declined to near record low levels. In this kind of stuff is what is part of it. Martha that is the problem, you cant bring something up and discuss it without these labels starting to be attached to it. We played that video of harry reid way back when, from the 90s, a long, long time ago, bringing up the topic, discussing it. He later changed his mind about how he felt about it, but the idea that discussing it i understand that there is a perception, which may be true, that this is political, with one week to go, sort of throwing more red meat where the president thinks it will help him out a week from now, but the idea that you cant even discuss it without being labeled a racist, i think it is something we all have to really take a step back and think about here. Think about it this way, martha. What is the great achievement of the Civil Rights Movement of the 60s and beyond . Racism in america became absolutely unacceptable. The overwhelming consensus in this country is antiracist, and that is why it has become, unfortunately, since then, a cudgel in the hands of those who would use it to attack others, because if you can be successfully labeled a racist, you are finished. That is about as damaging as anything you can have. So it is tempting for demagogues to fling that term about it. What you dont expect his people who were supposed to have some sense in the media, who, even if they were entitled to express their opinions, to be tossing around a term like that. It is just totally improper. Earlier, you had a quote from White House Correspondent for cnn, who labeled this a stunt and said it was a bogus threat at the border. Well, maybe it is, but is that the job of a beat reporter to be saying that, or is that the job of one of their editorialist, one of their opinion dispensers . In my day, when i was covering the white house, you couldnt be both. Martha fascinating. David remnick also weighed in, more of an opinion person, but this is the general line of thinking, that it is okay to say that the president is a racist because we are in completely unprecedented times, and they believe, basically, the country as we know it, under this president , is falling apart. Watch this. This is an emergency. At the Trump Presidency represents an emergency. I cant emphasize that enough. The president of the United States of america now encourages division, hatred, and exploiting them for purely electoral means. Martha that was a discussion this morning, nods all around the table, everybody was nodding. Absolutely an agreement. Martha, ive been saying for some time now that journalists in this country consider mr. Trumps election to be national emergency. I kind of expected i might get some pushback on that, and it is interesting to hear one of the dukes martha picked up your line. Pronouncing it as if it is a certified fact. If you look at what is going around this country, outside of the new york city, where the opinions seem not to differ very much among journalists, you dont see this attitude, they dont feel like they are in emergency. They have may have trials and stipulations, policy they dont like, but unemployment at these levels, the stock market still way higher than it was when he took office and so on, i dont think people think this is an emergency. I dont think increasing the Defense Budget and taking a different posture around the world constitutes an emergency. The thing about trump is, he says extravagant things, but if you follow him with any thought, you noticed that his bark is far worse than his bite, and a lot of what he says is just bluster. People get their hair on fire about it all the time. If you like saying, folks, grow up, watch. Martha listening to this conversation this morning, and i listened to hear what the meat behind the argument was, and at one point and went to that he was responsible for the emotional Climate Change in the country. A version of emotional, psychological Climate Change in the country. One last question, the politics of this suggested that he has made in terms of changing the 14th amendment went both ways today. Here is paul ryan, i want to get one last thought for you on the politics of that suggestion. You cannot and birthright citizenship with an executive order. Im a believer in following the plain text of the constitution, and i think in this case, the 14th amendment is pretty clear. That would involve a very, very lengthy constitutional process. Where we obviously, totally agree with president is getting at the root issue here, which is unchecked illegal immigration. Chuck grassley basically agreed with him, and Lindsey Graham lined up with the a presh looking at this. Lindsey graham said the way to do it was to ride in congress, i think on the way to say he would introduce a constitutional amendment. On balance, the members, the leaders on the hill are not lining up with the president on this idea of an executive order. Look, i think the language of the 14th amendment is pretty clear. I dont think you can do this by an executive order. It will be interested to see if it gets tested in the court, but one can imagine, Brett Kavanaugh with his devotion to the text of the constitution, ruling on an executive order by a president that says, im revoking this, i dont have a sense the kind of judges of the has promoted to the bench are going to take anything other than that below that. Martha five words, subject to the jurisdiction thereof, have never been really tested by the Supreme Court in this way, and he welcomed that kind of discussion and debate over the constitutionality of it. It will be interesting to see where it goes. Thanks so much, great to see you. Thank you. Martha despite calls like this to stay away. Please, mr. President , if youre watching this, wait a week. Come next week. The focus in this week is on the funerals. Martha President Trump was in pittsburgh today. Here are some of the scenes from that. He visited with the rabbi from the tree of life synagogue. After a mass shooting at the local synagogue, the tree of life. Mollie hemingway, here on the optics, the healing, of all of this coming up next. Thats why theres otezla. Otezla is not a cream. Its a pill that treats moderate to Severe Plaque Psoriasis differently. With otezla,75 clearer skin is achievable. Dont use if youre allergic to otezla. It may cause severe diarrhea, nausea, or vomiting. Otezla is associated with an increased risk of depression. Tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. Some people taking otezla reported weight loss. Your doctor should monitor your weight and may stop treatment. Upper respiratory tract infection and headache may occur. Tell your doctor about your medicines and if youre pregnant or planning to be. Otezla. Show more of you. 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Breathe easy, theres therabreath at walmart. woman learned ao play second language. Applied to college. Applied for a loan. Started a business. Started a blog. Shared a picture. Shared a moment. Turn your wish list into a checklist. Learn more. Do more. Share more. At home, with internet essentials. Martha President Trump in pittsburgh today with the first lady and his daughter, ivanka, and soninlaw, jared kushner, all showing their support and warning the lives of the innocent 11 people who were gunned down as they worshiped at tree of life synagogue on saturday. The rabbi in front of them, they are. The visit overshadowed, somewhat, by controversy, as some protested, and some officials who stayed away, at least one potential president ial candidate cast blame on the president. When he goes around getting people to scream and hate, bad things happen. You saw the results here. Martha but you and Ambassador Nikki Haley defended the president and offered some context from her time as a South Carolina governor. When a hate crime struck charlston in 2016, and nine africanamerican churchgoers were murdered at the hands of a white supremacist, nikki haley tweeting in part, the country was very racially divided at the time. We didnt want to blame president obama. We focused solely on the lives lost and their families. Have some effect for these families, and stopped the blame. Here mollie hemingway, your thoughts on this controversy as we watch the president in pittsburgh . Speak i think it is important at times like this for everybody in the country to unify, to come together, and to join together to condemn acts of terrorism such as this. You saw a lot of media highlighting of people saying the president shouldnt represent the country at the tree of life synagogue. You didnt see a lot of coverage of the rabbi of the congregation, jeffrey myers, who said that of course the president is welcome, his welcome every time, reminded people that he is a citizen of this country, the rabbi as a citizen, and that its his president. That is the proper posture, when the country is done a good job with in previous instances. We have had controversial presence for a while now, but generally the country comes together in unity to condemn acts of terrorism, and that is a good place to be. It has been disappointing to see the medium, Mainstream Media figures, and other people on the left, use it as a political cudgel. Martha what do you of nikki haleys comments about the similar incident, in some ways, that happened in charlston . Unfortunately, evil exist, there were quite a few acts of terrorism during president obamas eight years of presidency. Even at a controversial time, she gave the example of what happened in South Carolina, also there was the gaby gifford shooting in arizona. I think what you saw was people largely responded to president obamas remarks and speaking on most issues in good faith. They generally commended him for his work at those times. That is a much better way to be. Again, it has been a missed opportunity, i think, for the media, in that they have used this not as a time of unity, but to demonstrate that they are not very good at covering issues like this fairly. They are literally blaming donald trump for these horrific acts of antisemitism, which is inappropriate on multiple levels, not only is he not an antisemite, but it is scapegoating. What the shooter did at the synagogue in pittsburgh was escaped scapegoat jews. The proper response is not to scapegoat other people, President Trump or republicans the reason that these types of things happen. That is a very inappropriate reaction. Martha your colleague at the federalist said it was ironic to see many of the same liberals who recently fought to prop up the worlds most pol powerful jewg jewhating. But there they were, i should say, yesterday. What did you think about that . People want to make antisemitism a thing on the left, or anything on the right. Unfortunate, antisemitism has a long and storied history. It exists all across the political spectrum. It is disappointing that the here people discuss antisemitism, use it as a political cudgel. With recent spate of antisemitic rhetoric fro