Or at least Trump has declared that part of it is.
According to Dylan Stableford of Yahoo News, The Donald says the 14th Amendment is unconstitutional.
"Donald Trump is defending his controversial immigration plan, telling Fox News’ Bill O'Reilly that the 14th Amendment — which guarantees citizenship to all people “born or naturalized in the United States,” including children whose parents came to the country illegally — is unconstitutional... It’s not going to hold up in court,” Trump said on The Factor Tuesday."
The utter stupidity of his statement is mind boggling.
The United States Constitution, including all of its amendments, is the supreme law of the land (just in case you missed out on that little fact in your high school civics class, like Mr. Trump apparently did). No court has the power to overturn it.
Of course the fourteenth amendment could be repealed or amended. A two-thirds majority of both houses of Congress must pass such a proposed action, which must then be approved by three-quarters of the state legislatures before becoming yet another part of the Constitution. Good luck getting that done in short order. It only took 41 years for the nineteenth amendment (women's suffrage) to pass muster.
Interestingly, the fourteenth amendment was passed just after the Civil War to clarify that people of color were citizens, too. Prior to this amendment, we had simply relied on English common law; that common sense notion that you belong to the country of your birth. So, even if the fourteenth amendment was repealed, what would we fall back on to determine who's a citizen and who isn't? English common law, one must suppose. And we'd be back pretty much where we started.
And then, Mr. Trump says he'll keep these citizen kids together with their illegal immigrant parents by forcing all 12 million of them to leave the country. He's going to deport American citizens? Good luck with that, too. Suppose the kid prefers to stay with a relative who's here legally? What then?
No, Mr. Trump, you can't just throw American citizens out of the country because you want to. And you can't deport non-citizens until they have their day in court to prove they belong here. You may want to deport those cafe-au-lait tinted folks by imperial edict, but you can't.
Why not? Because that'd be unconstitutional, that's why. And, if you should actually become President, doing so would get you impeached.
That's what the Constitution says, too.