[South Dakota]

In Inglis v. Trustees (1830) and Elk v. Wilkins (1884), the Supreme Court considered the status of children who are born in the United States, of fathers who owe allegiance to a sovereignty other than the United States. In both cases, the Court ruled that such children are not even citizens, let alone natural born citizens.

[Carry_Okie]

I guess the RINOs would rather run against Moochelle with two weeks left before the election than have Trump run against a beatable Harris.

There's nothing stopping The Slave Party from pulling another switcheroo.

[philman_36]

I believe more and more each day that Congress, having numerous lawyers as members,
has the most ignorant group of lawyers in its chambers.

Surely they can't all be ambulance chasers, can they?

[Brian Griffin]

“I do not stand here to cavil with men who are not read in the horn-books of the law; but I assert that every man born within the limits of the Republic, or under its flag at sea, of parents who were not the subjects of any other sovereignty, are, in the very words of the Constitution, natural born citizens”

John Bingham, framer of Amendment XIV that made Obama, Harris and Haley US citizens

from the Cong. Globe, 37th, 2nd Sess., 407 (1862)

https://memory.loc.gov/cgi-bin/ampage?collId=llcg&fileName=058/llcg058.db&recNum=64

Enter in 407, click Turn to image, and look at the end of the first and beginning of the second column.

[Brian Griffin]

“Natural Born Citizen” (87 pages which I glanced at) American University Law Review

It has a detailed discussion of the Constitutional Convention:
https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1992&context=aulr

[Brian Griffin]

There’s a 1730 British law which I don’t have the energy to track down.

It required the father to be a natural born citizen.

Since we are not into sex discrimination in the modern USA, Obama with his natural born American mom was not judicially barred by it.

Harris’ parents were migrants. Mom left for Canada with her offspring and daddy went back to Jamaica.

[Political Junkie Too]

As far as I can tell, here is a question on this matter that has NOT been addressed or answered as of yet.

The 14th amendment says:

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws...

Harris' parents were here in the United States under a temporary non-immigrant visa according to 8 USC Aliens and Nationality. Specifically, CHAPTER 12-IMMIGRATION AND NATIONALITY - SUBCHAPTER I-GENERAL PROVISIONS - §1101. Definitions says the following:

§1101. Definitions

(a) As used in this chapter-

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens-

(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 1184(l) 1 of this title at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, (ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;

Further down in the definitions is this:

(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.

The Questions

1. Both of Harris' parents were "nonimmigrant" aliens who must, by definition, swore an oath that they have a "principle" residence in a foreign country which they have no intention of abandoning.

2. Would 8 USC §1101. Definitions consider the newborn child Kamala to be an "accompanied minor" of her parents, which would mean that Kamala's "principle residence" would be the same as her parents' "principle residence;" or would an "accompanied minor" be interpreted to mean a child already born and brought with the parent to the United States?

3. Is it the intention of the Constitution and US Code to split families such that a newborn minor child is considered to be a principle "resident" of a state under the 14th amendment, but the parents are considered to have their principle residence in a foreign country that they have no intention of abandoning?

4. Or is it the intention of the 14th amendment that a newborn minor child assumes the principle foreign residence of its parents that they swore an oath that they have no intention of abandoning as stated in 8 USC §1101?

5. In other words, does a newborn minor child have an individual right to declare its own principle residence separately from its parents or must a newborn minor child adopt the principle residence of its parents?

6. If the newborn minor child adopts the principle residence in a foreign country of its parents, can it even be considered a resident of a state under the 14th amendment?

-PJ

[faucetman]

Forget the courts. It’s a “constitutional” issue.

Either the Supreme Court rules on it or a Constitutional amendment is passed clarifying exactly the qualifications required to be president/vice president.

Otherwise the constitution as it stands and as it was written and understood by all at the time to mean Born on U.S. soil to TWO citizen parents.

THAT’S IT!!!!!

No 14th amendment bullshirt, no English Common Law. No lower courts’ musings.

It will NEVER happen unless Trump wins AND gets to appoint originalist judges to the court.

[Seruzawa]

So much entirely irrelevant arguing. It is recognized by the courts that anyone born in the United States qualifies to run for President. No amount of long wordy highly referenced posts on the Free Republic will change that. But if people want to waste a load of time and energy in futile pursuits, well have at it. Cameltoe is their candidate and if she gets enough electoral votes she will be President and all the arguments come to naught. But, have a ball.

[taxcontrol]

Congress has the enumerated and exclusive authority over naturalization laws. This will continue to come up until Congress provides a definition of NBC.

[Eleutheria5]

Y-you mean, all this time and she was unqualified to serve as Vice President, let alone Border Czar?!