Whoever “they” is, her or his words call to mind the immortal words of Pollack, J. (E.D.PA, 1981), “Perhaps what you say should be the law. But surely it is not the law."
Mr. Stein’s comment raises a serious question…
1). It is indeed “not the law” that the President of the United States can revoke, amend, or effect any other change in the Constitution or any of its amendments.
2). Given what Trump has, by executive order or otherwise, effected, I do not think it unwise to pay serious attention to his stating that he can, and will, revoke the Constitutional codification of ius soli.
3). I think that serious attention needs to be paid whether he actually believes that he can do so and whether or not he actually intends to issue such an order, and whether or not he actually does issue such an order. He has put the ball in play, and that alone is enough to cause great harm, on many fronts.
4). The harm would obviously be greatest if he actually issued such an order, and then ordered federal forces to enforce the order. But I fear that more than trivial harm has already been done by what he has already said.
5). For reporters, in print or on air, to speak of what he has said is absolutely not, in my judgment, to be “acting as if” he were going to issue such an order, nor is it “making him” an assignment editor. It is issuing an alert, to which it would be most unwise to pay no attention.