Fox News host Bill Hemmer argued that the Constitution's 14th Amendment guaranteeing citizenship to people born in the United States was a "loophole."
While speaking to Hemmer on Monday, Fox News contributor Kayleigh McEnany doubted President-elect Donald Trump's pledge to end birthright citizenship on "day one" of his presidency.
"That's because birthright citizenship is enshrined in the 14th Amendment," McEnany explained. "Not only that. In 1898, in a Supreme Court case called Wong Kim Ark, they upheld birthright citizenship. In other words, there's constitutional precedent."
"You can try via executive action. But I think they're going to be some very big court hang-ups that might not go the way of the administration on birthright citizens," she added.
"It's been a loophole when it comes to immigration," Hemmer claimed, according to Media Matters.
Co-host Dana Perino agreed: "Oh, it is. And I've gone back and forth because I love the Constitution, and I'm like an originalist."
"But then I also I want to — I would love to hear what this court thinks about that because they are originalists and when it has the Constitution and see if that precedent would hold up," she added.
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The Merriam-Webster dictionary defines "loophole" as "an ambiguity or omission in the text through which the intent of a statute, contract, or obligation may be evaded."
Watch the video below from Fox News.
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