ANDREW NAPOLITANO: The courts have to have a real case or controversy in front of them… When the Supreme Court had looked at this, it has gone both ways. But more recent cases have said, whoever is born here is an American citizen. Look, the president can’t change the plain meaning of the Constitution with the stroke of a pen.

If he could do that, Barack Obama could have gotten rid of the Second Amendment, which he hated. Presidents can’t do that, and I think the president knows that. I think he had generated this because he wants the debate, and he thinks the debate will help Republicans in the days remaining before the midterms, I don’t think he seriously thinks he could change the constitution with an executive order.