Thursday, August 13, 2020

Recall of the birthright citizenship debate with Kamala Harris' VP selection

As KitJ posted on ImmigrationProf blog yesterday, VP candidate Kamala Harris the child of two immigrants. The revelation revitalized questions about her eligiblity to be VP and President, if she were to succeed Joe Biden. The upshot: yes, she is eligible. AP provides this straightforward explanation:

CLAIM: If Joe Biden picks Kamala Harris as his running mate she will not be eligible to serve as president because her mother is from India and her father is from Jamaica. That means, if Biden is unable to serve a full term as president, Speaker of the House Nancy Pelosi would be next in line to become president.

AP’S ASSESSMENT: False. Sen. Kamala Harris, a Democrat who represents California, is a natural-born U.S. citizen who is eligible to serve as president. Her parents were graduate students in the United States when Harris was born in Oakland, California. Since Oakland is in the U.S., Senator Harris is regarded a natural born citizen under the 14th Amendment of the Constitution, which states that "all persons born...in the United States, and subject to the jurisdiction thereof, are citizens." The national origins of her parents at the time of her birth on U.S. oil does not make a difference to her eligiblity, per the 1898 Supreme Court case US v. Wong Kim Ark.

The broader context for the challenges to birthright citizenship recalls President Trump's allusions to limiting birthright citizenship to the children of permanent residents and his earlier unsubstantiated attacks on President Obama's eligiblity for citizenship as the child of another immigrant.

 

Harris parents

MHC

https://lawprofessors.typepad.com/immigration/2020/08/recall-of-the-birthright-citizenship-debate-with-kamala-harris-vp-selection.html

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Comments

Understanding Citizenship by KrisAnne Hall – Our Founders established the criteria of Natural Born Citizen upon our President for a very important reason. Natural Born Citizen meant, to our framers, a child born of two parents who were citizens of the United States at the time of the birth of that child. If you are not sure of this, or perhaps disagree, please read this article based upon fact & history before you go on: https://goo.gl/sFkKUm

A person who is born of just one parent who is a citizen of the United States is a citizen by birth, but not Natural Born Citizen. Someone cannot hold or have held dual citizenship with a foreign country and be a Natural Born Citizen. The fact that we are confused by this qualification, or perhaps even wish to alter this qualification, must be because we do not understand WHY this qualification was established in the first place. So, before we take a stand either way, we must consider the reasons why this qualification was established by the framers of the American Constitution.

The whole reason the president must be a Natural Born Citizen is because our framers had a history full of foreign kings imposing foreign law and foreign favor upon the people and they knew how dangerous foreign influence was to Liberty. George Washington spent a great bit of effort trying to drive this understanding home in his Farewell Address of 1796:

For more on the subject view https://vimeo.com/154765379 and http://tarheelteaparty.org/?page_id=5436

Posted by: Fremont Brown | Aug 14, 2020 8:34:33 AM

Born to non citizens parents in US soil does not make her a natural born citizens just as children born on US soil of ambassadors or any citizen of a foreign country. Read Law of Nations which was used by the framers of the US Constitution

Posted by: Stevie | Aug 16, 2020 3:10:52 PM

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