Posted on 08/11/2020 7:30:27 PM PDT by 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.
Here you go.
https://constitutionstudy.com/2019/09/20/vattels-law-of-nations-and-the-u-s-constitution/
She’s not a natural born citizen. It’s actually only customary to even consider her a 14th Amendment citizen - both parents were here on student visas at the time.
Treating the children of temporary visitors as citizens is absurd.
no nation except the US does that, and never used to until the State department unilaterally decided to treat a birth certificate as the only criteria.
She’s not just not a natural born citizen, she’s not even supposed to have a passport.
Dirty Cop Harris put real blacks in jail. No justice here.
Mmmmm no. She is a citizn of Jamaica according to their law. Here is a snippet from The Federalist:
But not so fast. Harris is constitutionally ineligible to be VPOTUS (12th Amendment) or POTUS (Article 2). She is not — nor can she ever be — a natural born citizen, the highest standard of citizenship mandated by the Constitution for the president and commander-in-chief. The Founding Fathers wanted a higher standard of citizenship for the POTUS because they did not want any competing allegiances with foreign governments.
Harris was born in Oakland, California on October 20, 1964, to an Indian citizen mother and a Jamaican citizen father. Thus, Harris is a native-born American citizen, or a citizen pursuant to what I refer to as the anchor baby provision of the 14th Amendment.
I wrote to Senator Harris on Dec. 4, 2017, expressing that the presidential eligibility clause, Article II, Section 1, Clause 5 mandates that the president must be a natural born citizen. She and her campaign replied with a form letter that purposely ignored the issue.
But wait, there is more! Harris may be a native-born American citizen by the accident of her birth and in my opinion an erroneous 14th Amendment interpretation, but she is also a citizen of Jamaica.
Under Chapter 2 of the Constitution of Jamaica, a person born in Jamaica after August 5, 1962, or born outside Jamaica after that date to a parent who is a Jamaican citizen, is automatically considered a Jamaican citizen at birth. Furthermore, under current Jamaican legislation, citizens of Jamaica can hold multiple nationalities. And this status does not prohibit serving in the legislature of Jamaica!
Imagine that: a vice president or president of the United States with concurrent citizenship with another foreign government — a person with clearly divided loyalties and an ability and opportunity to participate in governmental proceedings of another country, travel on another country’s passport, and legally take up residence in that country.
Specifically, Chapter 2 (entitled Citizenship) of the Jamaica Constitution, Section 3C states:
Every person born outside Jamaica shall become a citizen of Jamaica -
on the sixth day of August 1962, in the case of a person born before that date; or on the date of his/her birth, in the case of a person born on or after the sixth day of August 1962, if, at that date, his/her father or mother is a citizen of Jamaica by birth, descent, or registration by virtue of marriage to a citizen of Jamaica.
Harris was born Oct. 20, 1964, and her father was a citizen of Jamaica at the time of her birth. Therefore, the law of Jamaica is clear: Kamala Harris is a citizen of Jamaica, pursuant to Section 3Cb of the Constitution of Jamaica.
And what about citizenship of India? Harris’s mother was a citizen of India and, to the best of my knowledge, never actually became an American citizen. Does Kamala qualify for Indian citizenship, too?
No, she does not. Under Indian law, dual citizenship is not allowed. However, Indian law does allow persons of Indian origin certain benefits and privileges. A PIO (persons of Indian origin) card may be issued to those holding U.S. passports, who can prove their Indian origin up to three generations before along with spouses of Indian citizens or persons of Indian origin.
The PIO card is valid for fifteen years and provides the following benefits:
· exemption from registration at a Foreigners’ Regional Registration Office (FRRO) for periods of stay less than 180 days
· enjoy parity with non-resident Indians in economic, financial, and educational fields
· acquire, hold, transfer, or dispose of immovable properties in India, except for agricultural properties
· open rupee bank accounts, lend in rupees to Indian residents, and make investments in India, etc.
· being eligible for various housing schemes under the Life Insurance Corporation of India (LIC) or the central or State governments
· their children can obtain admission in educational institutions in India in the general category quota for non-resident Indians
It should be noted that PIO card–holders are not entitled to the following:
· the exercise of any political rights
· visits to restricted or protected areas without permission
· mountaineering, research, and missionary work without permission.
It would be interesting to find out if Harris ever held or currently holds a PIO card.
Thus, Kamala Harris, United States senator, former candidate for the president of the United States, and current prospective candidate for vice president in the upcoming election, has competing foreign citizenship with the country of Jamaica and preferential status with the country of India.
she is not
native born is not equal to natural born
her parents were not citizens
Yes it is, citizenship at birth is the defining characteristic of being a natural born citizen. You are natural born by having at least one US citizen parent or by being born on US soil. This definition goes back to Blackstone and was the plain English definition. Not the oft cited Vattel which is an incorrect translation from French which was published after the Constitution was written.
“Citizenship” vs “natural born citizenship” is not widely understood. They are two very different things
“Native born” does not appear in US law. In plain English it is a synonym of natural born.
Harris is a -itch, but she is legally eligible.
What difference at this point does it make?
So you state that, “no nation, except the US does that”.
Does this mean that your problem is that the US has unique laws that don’t match those of other countries? You think that our biggest problem is our laws aren’t more like the laws of France? or Germany? or Denmark?
Interesting point of view.
The laws of other countries have no effect on how the United States determines who is an American citizen. By being born in the United States she had American citizenship from birth. If you have American Citizenship from birth, no power on Earth can take that from you, unless you freely surrender it.
Since she was born in California, it doesn't matter what her parents were. She was a citizen at birth. A natural born citizen.
So based on your analysis, Ted Cruz could never become US President. He was born in Canada, and his dad was a Canadian citizen.
Marco Rubio was born in the US, but neither of his parents were American citizens at the time of his birth. So,according to you, he is also ineligible to be the US President.
Funny, though. I don’t remember the big hue and cry about them not being eligible for the presidency before they both ran in 2016. I’m sure someone will let them know before the 2024 election.
Just not true. That's made up birther law.
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