Constitutional law expert Alan Dershowitz said Tuesday that President Donald Trump demonstrated a stronger understanding of the Constitution than Chief Justice John Roberts in the Supreme Court's birthright citizenship decision.

During an appearance on Newsmax's "The Record With Greta Van Susteren," Dershowitz argued Trump is "100% right" that Congress can effectively override the court's interpretation through legislation, without amending the Constitution.

"I thought I would never say this, but today President Trump proved to be a better constitutional lawyer than Chief Justice John Roberts," he said.

Dershowitz contended Roberts mischaracterized the question before the court by writing that the case was about whether the Constitution guarantees citizenship to children born to parents who are unlawfully or temporarily in the United States.

"Roberts started his decision by misleading the readers," Dershowitz said.

"Here's what he says in the beginning of his decision: 'The issue at issue in this case is whether the Constitution guarantees citizenship to children born of parents unlawfully or temporarily present in the United States.' That's not what was presented by this case," Dershowitz said.

Instead, Dershowitz said the justices were asked only to decide whether a president could make that determination through executive action.

"What was presented by this case is whether the president, by executive order as distinguished from legislation, can decide who is and who isn't subject to the jurisdiction of the United States," he said.

"And so, what they've said and what has been interpreted to suggest Congress can't do anything is pure dictum … because the only issue presented was whether a presidential executive order can do that."

Dershowitz said he agrees the answer to that question is "probably no," but maintained Congress has a different constitutional role.

"If Congress holds hearings and determines there's a real problem of abuse of Chinese families coming into the country in order to have babies, other kinds of problems, and they narrowly say that a person born in the country who has no allegiance, who just leaves the day after, two days after they're born, never again comes to the country, is not subject to the jurisdiction of the United States, that's a proper congressional action," he said.

According to Dershowitz, such legislation would define what the 14th Amendment means when it says a person must be "subject to the jurisdiction of the United States."

"President Trump is 100% right," he said. "He can effectively overrule that decision without amending the Constitution simply by an act of Congress."

When Van Susteren noted Trump would likely need to move quickly if he wanted Congress to act before the midterm elections, Dershowitz said the president has already indicated he intends to pursue legislation.

"He's already said he's going to do that," Dershowitz replied. "I have certainly advised the president — if he calls me, I'll continue to advise him — that he ought to seek immediate legislation, defining by Congress who is subject to the jurisdiction of the United States."

"That's not something a president can do," he said, adding, "That's not something the Supreme Court can do. That's something only Congress can do."

"And so, I think if he does that, the Supreme Court may well uphold legislation," Dershowitz added.

"He may be able to get one or two or three of the five justices to support congressional legislation narrowing the definition of who is subject to the jurisdiction," Dershowitz said.

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