I guess the courts will decide that. And I think that is the intent of the Executive Order. He wants someone to challenge it. Appears there is some avenue for interpretation by SCOTUS, without having to introduce an amendment to the 14th Amendment. We'll see how this all plays out. Looks like Graham is possibly lending a helping hand, by offering some relevant legislation.
“If the Constitution prevented me from doing one or two things, I'd chalk that up to bad luck," Trump said. "But when literally everything I want to do is magically a violation of the Constitution, that's very unfair and bad treatment." -Andy Borowitz