Malcolm Rivera
Kamala Harris's eligibility for the presidency has been a topic of debate, with some questioning whether she meets the natural-born citizen requirement. Harris was born in Oakland, California, in 1964, to parents who were immigrants from Jamaica and India. Despite claims by some conservative groups and individuals that Harris's parents' citizenship status disqualifies her from running for president, legal experts and constitutional scholars confirm that Harris is indeed a natural-born citizen and eligible for the presidency.
| Characteristics | Values |
|---|---|
| Date of Birth | 20 October 1964 |
| Birthplace | Oakland, California, US |
| Citizenship Status | Natural-born citizen |
| Parents' Citizenship Status | Non-US citizens |
| Eligibility to be President | Eligible |
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What You'll Learn
Kamala Harris's citizenship
The debate surrounding Harris's citizenship centres around the interpretation of the term "natural-born citizen" in the US Constitution. The Constitution states that only a "natural-born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." While some, like Allen Meyers, argue that "natural-born citizen" implies heritage and allegiance to the United States, leading constitutional scholars disagree. They assert that the term refers to anyone born on US soil and subject to its jurisdiction, regardless of parental citizenship.
Harris's birth certificate, uploaded online by the Bay Area News Group, confirms that she was born in Oakland, California, in 1964. While it mentions her father's and mother's birthplaces as Jamaica and India, respectively, it does not specify their citizenship statuses at the time of her birth. However, legal experts assert that Harris's eligibility for the presidency is based solely on her place of birth and is unaffected by her parents' citizenship.
Despite the clear legal precedent, false claims and misleading posts about Harris's eligibility have persisted, primarily propagated by pro-Trump and conservative groups. These claims gained traction after Harris announced her bid for the presidency in July 2024, with some Trump supporters sharing misinformation on social media platforms. However, fact-checking organisations like PolitiFact and Reuters have consistently debunked these statements, affirming Harris's eligibility as a natural-born citizen.
In conclusion, Kamala Harris's citizenship is not a barrier to her eligibility for the presidency. As a "natural-born citizen" of the United States, she meets the constitutional requirements to serve as president, despite the baseless claims to the contrary.
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Harris's parents' citizenship status
Kamala Harris's eligibility for the presidency has been questioned by some, including former U.S. President Donald Trump, who stated that he would have to look into whether Harris was eligible to serve as vice president. These doubts have been refuted by leading constitutional scholars and law professors, who affirm that Harris is indeed eligible.
The doubts regarding Harris's eligibility stem from the citizenship status of her parents at the time of her birth. Harris's father, Donald Harris, was born in Jamaica, while her mother, Shyamala Gopalan, was born in India. Both parents were immigrants to the United States, and Harris herself was born in Oakland, California, in 1964.
According to the 14th Amendment to the U.S. Constitution, anyone born on U.S. soil and subject to its jurisdiction is considered a "natural-born citizen," regardless of parental citizenship. This definition makes Harris a natural-born citizen and thus eligible to hold the office of president.
The argument against Harris's eligibility relies on an interpretation of the term "natural-born citizen" that considers heritage and allegiance rather than location. This interpretation is based on a book by Swiss diplomat Emmerich de Vattel, "The Law of Nations," published in 1758. However, this interpretation has been widely criticized by legal experts and deemed baseless.
In conclusion, despite the claims that Harris's parents' citizenship status disqualifies her from the presidency, she is, in fact, eligible to hold the office. The "natural-born citizen" clause in the Constitution does not consider parental citizenship, and Harris's birth in the United States automatically grants her citizenship and eligibility for the presidency.
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The legal definition of a natural-born citizen
The exact definition of a "natural-born citizen" is a matter of debate in the United States. The U.S. Constitution uses but does not define the phrase "natural-born Citizen". The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States.
Some legal scholars have asserted that the common understanding of the term "natural-born" in England and the American colonies in the 1700s included both the strict common-law meaning of being born in the territory (jus soli) and the statutory laws (jus sanguinis, the law of descent) which included children born abroad to British fathers.
According to a Cornell Law School Legal Information Institute explanation, "anyone born on U.S. soil and subject to its jurisdiction is a natural-born citizen, regardless of parental citizenship." This interpretation is supported by the 14th Amendment to the U.S. Constitution, which grants citizenship to all people who are born in or "naturalized" to the United States. The 14th Amendment states that "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."
However, there are differing opinions on the matter. For example, Allen Meyers has argued that the framers' original meaning of "natural-born citizen" in the U.S. Constitution barred citizens with a father born outside the United States from occupying the White House. Meyers' theory is based on the idea that "natural-born citizen" is about heritage and allegiance rather than location. He cites a book by Swiss diplomat Emmerich de Vattel, "The Law of Nations" (1758), which he claims was influential to the founding fathers.
In conclusion, while there is a consensus among legal scholars that being a "natural-born citizen" refers to those born in the United States, there are differing interpretations of the term, particularly regarding the citizenship of parents and the location of birth.
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The 14th Amendment
Kamala Harris's eligibility for the presidency has been called into question by some, who argue that she does not meet the "natural-born citizen" requirement. Harris was born in the United States to immigrant parents from Jamaica and India. Despite this, leading constitutional scholars confirm that Harris is indeed eligible to be president. This is supported by the 14th Amendment to the U.S. Constitution, which grants citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof".
> "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."
This clause supersedes the Supreme Court's decision in Dred Scott v. Sandford (1857), which ruled that Americans descended from African slaves could not be U.S. citizens. The 14th Amendment also includes the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause.
The Privileges or Immunities Clause states that no state shall make or enforce any law that abridges the privileges or immunities of U.S. citizens. The Due Process Clause prohibits state and local governments from depriving persons of life, liberty, or property without due process of law. The Equal Protection Clause mandates that no person within a state's jurisdiction shall be denied equal protection under the law.
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The National Federation of Republican Assemblies' stance
The National Federation of Republican Assemblies (NFRA) is a 90-year-old conservative political organization that once counted former president Ronald Reagan as a member. The NFRA has taken the stance that Kamala Harris, the current Vice President of the United States, is not eligible to be president. This position is outlined in the organization's platform and policy document, which cites the U.S. Constitution's requirement that only a "natural-born Citizen" be eligible for the office of the president.
The NFRA's argument centers around the interpretation of the term "natural-born Citizen." They contend that the framers' original meaning of this term in the Constitution barred citizens with a parent born outside the United States from becoming president. In support of this claim, the NFRA cites the infamous 1857 Dred Scott Supreme Court decision, which held that enslaved people were not citizens. The NFRA also references a book by Swiss diplomat Emmerich de Vattel, "The Law of Nations," which purportedly influenced the founding fathers. According to NFRA, "natural-born citizen" is about "heritage" and "allegiance," and since Harris's parents were not citizens when she was born, she cannot be counted on to defend America.
This stance has been widely criticized by legal experts and constitutional scholars, who argue that Harris is indeed a natural-born citizen as defined by the Constitution. They assert that anyone born on U.S. soil and subject to its jurisdiction is a natural-born citizen, regardless of parental citizenship. Harris was born in Oakland, California, in 1964, making her a citizen and eligible for the presidency.
The NFRA's position on Harris's eligibility has been described as misguided and "a waste of time, brain cells, and taxpayer money." It is seen as part of a broader Republican narrative that questions the legitimacy of the election process. Despite the criticism, the NFRA has endorsed J.D. Vance for vice president and has stated that only candidates who meet the natural-born citizenship standard should be considered for the 2024 Republican presidential primary ballots.
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Frequently asked questions
Yes, Kamala Harris is eligible to be president. She was born in the United States, which automatically makes her a citizen and a "natural-born citizen" as defined by the Constitution. Leading constitutional scholars have confirmed that her parents' citizenship status at the time of her birth does not affect her eligibility for the presidency.
There have been claims, particularly by pro-Trump supporters and conservative groups, that Harris is not eligible to be president because her parents were not citizens when she was born. They argue that the framers' original meaning of "natural-born citizen" barred citizens with a parent born outside the United States from becoming president. These claims have been widely debunked and flagged as misinformation by fact-checking organizations.
Kamala Harris was born on October 20, 1964, in Oakland, California, as shown on her birth certificate. This makes her a natural-born citizen and eligible to be president under the U.S. Constitution.
