You are wrong.
Born to two American citizens in an American territory.
She, along with another Democrat presidential-wannabe, Kamala Harris, must prove that she is eligible as a “natural born Citizen” under Art. 2, § 1, Cl. 5 of the Constitution.
This task arises, of course, because although from all appearances, both of her parents – Carol (née Porter) and Mike Gabbard – were both already U.S citizens on April 12, 1981, Tulsi Gabbard’s birth did not take place within the United States. Rather, it took place in Leloaloa, Maoputasi County, American Samoa. As faithful P&E readers also know, under the provisions of § 212 of Emmerich de Vattel’s The Law of Nations – and upon which tome the Founders “continually relied” while drafting the Constitution, including the “natural born Citizen” restriction of Art. 2, § 1, Cl. 5 – in order for one to satisfy the eligibility restriction, not only must the child’s parents be citizens of the nation where the birth occurs, the birth must take place on that nation’s soil.
This is where it gets sticky. While American Samoa is a “territory” of the United States, it is not an “incorporated territory.” This is the same issue that faced Sen. John McCain in 2008, when he faced off against Monsieur Obama as discussed here.
from the post email.com
Tulsi Gabbard was born on April 12, 1981, in Leloaloa, Maoputasi County, on American Samoa’s main island of Tutuila.
Because of Obama’s 8 years, we cannot get the SCOTUS to adjudicate this Article III matter for the first time in US history.
Tuaua v. United States
According to the Immigration and Nationality Act (INA), the people born in American Samoa – including those born on Swains Island – are “nationals but not citizens of the United States at birth”. If a child is born on any of these islands to any U.S. citizen, then that child is considered a national and a citizen of the United States at birth. In an amicus curiae brief filed in federal court, Samoan Congressman Faleomavaega supported the legal interpretation that the Citizenship Clause of the Fourteenth Amendment does not extend birthright citizenship to United States nationals born in unincorporated territories.
All U.S. nationals have statutory rights to reside in the United States (i.e., the 50 states and Puerto Rico), and may apply for citizenship by naturalization after three months of residency by passing a test in English and civics, and by taking an oath of allegiance to the United States. However, the INA makes clear that any “national but not a citizen of the United States” who at any time has been convicted of any aggravated felony, whether the aggravated felony was committed inside or outside the United States, is “debarred from becoming a citizen of the United States”
Gabbard is a US citizen (not a US Natural born citizen) by virtue of a statute, the Immigration and Naturalization Act, passed in the 20th century, which did not modify the intent of Article II, section one, clause 5. A statute cannot amend the meaning of a constitutional provision.