He ignore the 14th amendment completely. Or, he is just losing.
I'll bet it's losing, but his ilk could still pull it out in one swell foop. We still have to keep our eyes on the Senate for a last-minute-lame-duck-dark-of-night-two-thirds-of-whoever-happens-to-be-there ratification of the UN Small Arms Treaty. Else; our gains will have been for naught.