BOMBSHELL: Is Kamala Harris Really Eligible To Become Vice President? The Supreme Court Would Have To Decide

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As reported by Steven Ahle| There are many people on both sides of this argument but the truth is there is no settled law one way or another. If you go by the original context if the 14th Amendment she is not but if they use a laxer interpretation, she is. Only the Supreme Court can answer the question.

This article is only meant to lay out the arguments offered by both sides and not in making a determination, as I am not qualified to do so. The results of a SCOTUS decision could be devastating to Harris because if you go by the original interpretation, she would be ineligible to be a Senator.

Decisions at the Supreme Court level can be a little off the beaten path as seen by the ruling in the Roe V Wade case. Since they could not find anything in the constitution about the right to kill babies, they used penumbras and emanations. Penumbras are shadows and emanations are something that flows.  But that is another argument for another day.

I am curious though. What if we were to use a liberal trick and change the name to make it more acceptable. Instead of the word fetus, what if we called them guest children or undocumented babies?

Dr. John C. Eastman is the Henry Salvatori professor of law & community service and former dean at Chapman University’s Fowler School of Law and he wrote an op-ed for Newsweek making the case that Kamala Harris is not eligible to be vice president and could not succeed Joe Biden in case he is too addled to serve.

From Newsweek

The language of Article II is that one must be a natural-born citizen. The original Constitution did not define citizenship, but the 14th Amendment does—and it provides that “all persons born…in the United States, and subject to the jurisdiction thereof, are citizens.” Those who claim that birth alone is sufficient overlook the second phrase. The person must also be “subject to the jurisdiction” of the United States, and that meant subject to the complete jurisdiction, not merely a partial jurisdiction such as that which applies to anyone temporarily sojourning in the United States (whether lawfully or unlawfully). Such was the view of those who authored the 14th Amendment’s Citizenship Clause; of the Supreme Court of the United States in the 1872 Slaughter-House Cases and the 1884 case of Elk v. Wilkins; of Thomas Cooley, the leading constitutional treatise writer of the day; and of the State Department, which, in the 1880s, issued directives to U.S. embassies to that effect.

Were Harris’ parents lawful permanent residents at the time of her birth? If so, then under the actual holding of Wong Kim Ark, she should be deemed a citizen at birth—that is, a natural-born citizen—and hence eligible. Or were they instead, as seems to be the case, merely temporary visitors, perhaps on student visas issued pursuant to Section 101(15)(F) of Title I of the 1952 Immigration Act? If the latter were indeed the case, then derivatively from her parents, Harris was not subject to the complete jurisdiction of the United States at birth, but instead owed her allegiance to a foreign power or powers—Jamaica, in the case of her father, and India, in the case of her mother—and was therefore not entitled to birthright citizenship under the 14th Amendment as originally understood.

Read the op-ed in it’s entirety here.

7 thoughts on “BOMBSHELL: Is Kamala Harris Really Eligible To Become Vice President? The Supreme Court Would Have To Decide

  1. By the founders intent, a Natural Born Citizen is someone born of 2 parents that are both American citizens. Their intelligent reasoning was they did not want the President to have allegiance to any other country.

    1. That’s why Obama was technically not eligible to be president. The problem is the the courts never seem to want to get involved with citizenship questions.

    2. I am qualified to say No she can not be even a senator and Obama was not eligible to Run for the office of President but Nancy Signed the Paper He was and was suppose to be two People sign and She did not see a Birth Certificate either or she would have said I have a Copy of it when people were questioning his Birth in the USA all Fraud Period

  2. She, like Obama, is not qualified because of this! Of course, the Democrats do their due diligence by hiding every bit of information they can ! However, it is still hard to convince Barack’s brother he doesn’t know what he is talking about when he tells the world Barack was born in a little village in Kenya and the British authorities who were in charge at that time have an official document of his birth! In this case with Kamala there are plenty of living witnesses still around to attest that her parents were not US citizens at her birth! For the Democrat professionals you do know you are supposed to read every sentence and paragraph of the Constitution and not cherry pick and take out of context just the lines you want to use!

  3. When has the Constitution ever ment anything to the Democrats except when it serves their agenda . Obama made a hobby of violating it at will even saying it was out dated . When doubts were cast on the eligibility of two Republican candidates as to eligibility they were quick to call on the Constitution to attempt to block them . But then the got Barry elected though not the offspring of two citizens so I guess they will claim a precedent being set ?!!!

  4. Settled Supreme Court Cases:
    Minor v. Happersett , 88 U.S. 162 (1875)
    “At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.”

    United States v. Wong Kim Ark, 169 U.S. 649 (1898)
    “At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
    On the basis of the 14th Amendment, however, the majority opinion coined a new definition for “native citizen”, as anyone who was born in the U.S.A., under the jurisdiction of the United States. The Court gave a novel interpretation to jurisdiction, and thus extended citizenship to all born in the country (excepting those born of ambassadors and foreign armies etc.); but it did not extend the meaning of the term “natural born citizen.”

    The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”. NOTE the plural of “parents” which would denote both parents.
    In other words, a natural born citizen means at least a second generation citizen of the country.

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