Yes, he swore to uphold the Constitution

Umm . . . if you are born in the United States, you are a U.S. citizen according to the Constitution, so once again, the Bush administration is attempting to unilaterally rewrite the Constitution. When are Congress, the courts, the media, the states and the citizenry going to tell them how it works.

Hopefully these elections will set the matter straight on a number of grounds, including habeas corpus, separation of powers, etc.