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Why Kamala Harris does not qualify to be President or Vice President.
The qualifications for President, which are the same for Vice President, are spelled out in Article 2 Section 1 of the Constitution. They are as follows:
“No Person except 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
There is not any dispute that Ms. Harris is older than 35 years or has been a resident within the United States for 14 years. There is also no dispute that Ms. Harris was not a citizen of the United States at the time of the adoption of the Constitution in 1790. Therefore, the only remaining question is whether Ms. Harris was a “natural born citizen”.
“Citizen” is defined by Section 1 of the 14th Amendment of the Constitution which states in relevant part as follows:
“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.” A “natural born citizen” is understood to mean a citizen at the moment of your birth (as opposed to a naturalized citizen who becomes a citizen through operation of law subsequent to birth).
Ms. Harris, having been born in Oakland, California, clearly fulfills the first portion of the requirements of the 14th Amendment. However, that does not end the analysis. The Constitution requires more than just being physically born within the territory of the United States. The Constitution also requires that, at the time of birth, the person be “subject to the jurisdiction” of the United States. The term “subject to the jurisdiction thereof” has been further interpreted to mean subject to the complete jurisdiction thereof. What do we mean by ‘complete jurisdiction thereof? Not owing allegiance to anybody else. Steel Co. v. Citizens for a Better Environment (1998). That is what a “natural born citizen” means. Without this full and complete jurisdiction, any foreign government can intervene on behalf of their own citizens while they visit or reside within the United States – just as the United States is known to do on behalf of U.S. citizens within other countries. Therefore, the term “natural born citizen” cannot include persons born in the United States who are foreigners or aliens, or who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States.
At the time of Ms. Harris’ birth, Kamala’s mother was an Indian national and legal alien here on a student visa. At the time of Ms. Harris’ birth, Kamala’s father was a Jamaican national and legal alien also here on a student visa. It is important to note that being in this country on a student visa is a very “transient” condition since it is understood that, as a condition of admittance, when your studies are concluded you will leave the country! Therefore, Ms. Harris could not gain citizenship from the status of either of her parents.
And so the question is whether Ms. Harris can gain citizenship in her own right? The Constitution of Jamaica states as follows:
3C. Every person born outside Jamaica shall become a citizen of Jamaica -
a. on the sixth day of August, 1962, in the case of a person born before that date; or
b. on the date of his birth, in the case of a person born on or after the sixth day of August, 1962,
if, at that date, his father or mother is a citizen of Jamaica by birth, descent or registration by virtue of marriage to a citizen of Jamaica.
Therefore, it is undisputed that at the time of her birth, Ms. Harris was a citizen of Jamaica and therefore could not be a natural born citizen of the United States. Denial of citizenship under these circumstances, where the person owes an allegiance to another sovereign conforms with the constitutional definition given to “subject to the jurisdiction thereof”.
Because of the foregoing, it is my opinion that Kamala Harris is unqualified to hold the office of President or Vice President!
The qualifications for President, which are the same for Vice President, are spelled out in Article 2 Section 1 of the Constitution. They are as follows:
“No Person except 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
There is not any dispute that Ms. Harris is older than 35 years or has been a resident within the United States for 14 years. There is also no dispute that Ms. Harris was not a citizen of the United States at the time of the adoption of the Constitution in 1790. Therefore, the only remaining question is whether Ms. Harris was a “natural born citizen”.
“Citizen” is defined by Section 1 of the 14th Amendment of the Constitution which states in relevant part as follows:
“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.” A “natural born citizen” is understood to mean a citizen at the moment of your birth (as opposed to a naturalized citizen who becomes a citizen through operation of law subsequent to birth).
Ms. Harris, having been born in Oakland, California, clearly fulfills the first portion of the requirements of the 14th Amendment. However, that does not end the analysis. The Constitution requires more than just being physically born within the territory of the United States. The Constitution also requires that, at the time of birth, the person be “subject to the jurisdiction” of the United States. The term “subject to the jurisdiction thereof” has been further interpreted to mean subject to the complete jurisdiction thereof. What do we mean by ‘complete jurisdiction thereof? Not owing allegiance to anybody else. Steel Co. v. Citizens for a Better Environment (1998). That is what a “natural born citizen” means. Without this full and complete jurisdiction, any foreign government can intervene on behalf of their own citizens while they visit or reside within the United States – just as the United States is known to do on behalf of U.S. citizens within other countries. Therefore, the term “natural born citizen” cannot include persons born in the United States who are foreigners or aliens, or who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States.
At the time of Ms. Harris’ birth, Kamala’s mother was an Indian national and legal alien here on a student visa. At the time of Ms. Harris’ birth, Kamala’s father was a Jamaican national and legal alien also here on a student visa. It is important to note that being in this country on a student visa is a very “transient” condition since it is understood that, as a condition of admittance, when your studies are concluded you will leave the country! Therefore, Ms. Harris could not gain citizenship from the status of either of her parents.
And so the question is whether Ms. Harris can gain citizenship in her own right? The Constitution of Jamaica states as follows:
3C. Every person born outside Jamaica shall become a citizen of Jamaica -
a. on the sixth day of August, 1962, in the case of a person born before that date; or
b. on the date of his birth, in the case of a person born on or after the sixth day of August, 1962,
if, at that date, his father or mother is a citizen of Jamaica by birth, descent or registration by virtue of marriage to a citizen of Jamaica.
Therefore, it is undisputed that at the time of her birth, Ms. Harris was a citizen of Jamaica and therefore could not be a natural born citizen of the United States. Denial of citizenship under these circumstances, where the person owes an allegiance to another sovereign conforms with the constitutional definition given to “subject to the jurisdiction thereof”.
Because of the foregoing, it is my opinion that Kamala Harris is unqualified to hold the office of President or Vice President!
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