Is Kamala Harris a Natural Born Citizen?

Aug 11, 2020 | Self

[captain_dave]

Is Kamala Harris qualified to be Vice President? Is Kamala Harris a "Natural Born Citizen"?

While she was born in California in 1964, both her parents were, at that time, recent immigrants. Her mother immigrated in 1960 and her father in 1961 (according to the bio in Wikipedia). So, there is a serious question whether she is a natural born citizen.

The old accepted understanding of "natural born citizen" is a person born of two citizen parents, so at birth has no other loyalties, or claims of loyalty.

[philman_36]

And since it was not asked and was not a matter before the court at that time then any comments Chief Justice Waite made on natural-born citizenship were made in dicta.
That's the decision, not dicta. That dog doesn't hunt any longer.

[DoodleDawg]

The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever. Her citizenship was conferred upon her.

So wouldn't that mean any person born in the U.S. and subject to the jurisdiction thereof? The law doesn't mention parents or their citizenship status. So children of people with citizen parents, it would seem, get their citizenship after birth under the same law you claim disqualifies Harris. Imagine that?

[DoodleDawg]

That's the decision, not dicta. That dog doesn't hunt any longer.

If you haven't a clue what obiter dictum is then I suppose it wouldn't hunt at all. If you do know what it means then your claim is incorrect.

[philman_36]

Assuming you are referring to 8 U.S. Code § 1401 it says she became a citizen at birth, not a citizen after birth. It's right there in section (a).
What was she until the law went into effect and her citizenship was conferred upon her?? An alien?

And what is Title of 8 U.S. Code?
Title 8— ALIENS AND NATIONALITY

It isn't CITIZENS AND NATIONALITY

Note that it was the same thing in 1952...
https://tile.loc.gov/storage-services/service/ll/uscode/uscode1952-00100/uscode1952-001008001/uscode1952-001008001.pdf
TITLE 8.-ALIENS AND NATIONALITY

[DoodleDawg]

Nationality AND Naturalization. Title III, Chapter 1, Section 301 lists those who don't need to be naturalized. Hence the "Nationals and Citizens of the United States At Birth" title.

We can continue to go around in circles and I will never convince you that you are wrong and you will never convince me that you're right. Continue posting what you want. I've missed birther threads and literally the only good thing about Harris being chosen as Biden's running mate is that it guarantees an endless supply of such threads for the next three months if we're lucky, and the next four or more years if we're not.

[philman_36]

If you haven't a clue what obiter dictum is then I suppose it wouldn't hunt at all.

Latin for "something said in passing."

The natural born citizen statements were necessary to resolve the case as citizenship was a key element of the case.
Not dictum.

[philman_36]

Nationality AND Naturalization for whom?
Citizens or Aliens?

[DoodleDawg]

Latin for "something said in passing."

Well your ability to Google is undiminished.

The natural born citizen statements were necessary to resolve the case as citizenship was a key element of the case.

Complete nonsense. Happersett is a voting rights case. It was necessary to determine Victoria Minor was a citizen but not a natural born citizen.

[philman_36]

How about you address reply 167.

Well your ability to Google is undiminished.
Well you just showed your true character.

It was necessary to determine Victoria Minor was a citizen but not a natural born citizen.
And yet in the process of determining if she was a citizen a definition for natural born citizen was given.

See? NOT dictum.

[Don Corleone]

As your faithful servant has attempted to explain over the years, it was the demonstrable intent of the Founders, for anyone willing to see, to absolutely restrict eligibility to the office of the “Chief Magistrate” – the President – to a “natural born Citizen,” and only to someone who met the criteria for same. That restriction, adopted by the Founders in Art. 2, § 1, Cl. 5 of the Constitution, was taken from § 212 of The Law of Nations, the seminal work of one Emmerich de Vattel, a 17th Century jurist and philosopher. In order to be a “natural born citizen,” as opposed to a “native born citizen” or a “naturalized citizen,” both of one’s parents must be, at the moment of the person’s birth, citizens of the country where the birth occurs.

[barnrat]

A natural born citizen is what the framers of our constitution understood it to be. And that is based on English common law which required the parents to be citizen and their child to be born on English soil. No way is she a natural born citizen.