Is a Child of Non-U.S. Citizens a “natural born Citizen?”

[Elderberry]

The Post & Email 10/5/2020

WHAT ROLE, IF ANY, DOES IMMIGRATION PLAY?

 The Twitter account @kancelkamala, also identifying itself as “@kamalakancel,” on Sunday released new images depicting what appears to be an April 1965 application completed by vice-presidential candidate Kamala Harris’s mother for “nonimmigrant visitor” status in the United States.

While it is widely known that Kamala was born in Oakland, CA on October 20, 1964, questions have arisen as to her constitutional eligibility to serve as vice president under the 12th Amendment or president under the U.S. Constitution’s Article II “natural born Citizen” clause.

Following @kancelkamala’s Sunday-evening release of the immigration documents are two images representing as many timelines in Shyamala Gopalan Harris’s life years after she arrived in the United States in 1958 on a student “nonimmigrant” visa to attend the University of California at Berkeley.  According to the Twitter account, Gopalan Harris’s actions over the years extending her stay and utilizing different names amounted to “immigration fraud.”

Gopalan Harris later applied for “permanent legal resident” status only to abandon that effort by accepting a position in Canada to work as a cancer researcher for approximately 16 years.

To reenter the United States in 1985, the images show, a then-21-year-old Kamala Harris would apply for an “immigrant visa” on her mother’s behalf, identifying herself as a U.S. citizen “through birth in the U.S.,” but not “through parents.”

Born in India on April 7, 1938, Gopalan Harris does not appear to have become a U.S. citizen at any point in her life.  She originally arrived in the United States in September 1958 to pursue her Master’s degree in Nutrition at Berkeley on a scholarship and completed a Ph.D. in Physiology and Nutrition from the same institution in 1964.

More: https://www.thepostemail.com/2020/10/05/is-a-child-of-non-u-s-citizens-a-natural-born-citizen/

[Bigun]

Is a Child of Non-U.S. Citizens a “natural born Citizen?”

Absolutely not!  Next question.

[Smokin Joe]

NOPE! 

Otherwise, people could pop in from all over the globe, drop the kid, and claim they could be POTUS.

Vattel was pretty well succinct on the topic, a child born to citizen parents is a Natural Born Citizen.

The anchor baby misinterpretation of the 14th Amendment does not meet that goal.

[dancer]

NOPE! 

Otherwise, people could pop in from all over the globe, drop the kid, and claim they could be POTUS.

Vattel was pretty well succinct on the topic, a child born to citizen parents is a Natural Born Citizen.

The anchor baby misinterpretation of the 14th Amendment does not meet that goal.

Given Biden's health issues, she should not be the VP candidate, either.  She should not be in a position to take over the Presidency should Biden die. 

[Victoria33]

A person born in this country is a natural born citizen.  This "rule" was made by our founders to keep people born in other counties coming here and running to be president.

[Texas Yellow Rose]

A person born in this country is a natural born citizen.  This "rule" was made by our founders to keep people born in other counties coming here and running to be president.

Supreme Court Definition of a Natural Born Citizen.  An article that I read when the subject came up for Ted Cruz on TOS back  in the day.  https://naturalborncitizen.wordpress.com/2011/06/24/minor-v-happersett-is-binding-precedent-as-to-the-constitutional-definition-of-a-natural-born-citizen/

[Bigun]

A person born in this country is a natural born citizen.  This "rule" was made by our founders to keep people born in other counties coming here and running to be president.

BZZZZZ!!!! WRONG!!!

SCOTUS has never applied the term "natural born citizen" to any other category than “those born in the country of parents who are citizens thereof”

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

The natives or indigenes are those born in the country of parents who are citizens.

Minor v. Happersett , 88 U.S. 162 (1875)

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens,

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

(A)ll children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners

[Right_in_Virginia]

A person born in this country is a natural born citizen.  This "rule" was made by our founders to keep people born in other counties coming here and running to be president.

There is a difference between citizen and natural born citizen @Victoria33  "Natural born citizen", applicable only to a would be officeholder of the Presidency of the United States, requires the child be born with:  1) right of the soil and 2) right of the blood.

#1 requires being born on US soil and #2 requires being born of two parents who are each a citizen of the United States at the time of the child's birth.

[Fishrrman]

The issue (and it's an important one) has yet to be settled with certainty.

"Certainty" means either:
1. A ruling from the U.S. Supreme Court that explicitly interprets what a "natural born citizen" either is, or is not,
or
2. A Constitutional amendment that unequivocally defines the meaning of the term.

But a word of warning:
If Ms. Harris is not "natural born", then cannot the same be said of Ted Cruz?

[Bigun]

The issue (and it's an important one) has yet to be settled with certainty.

"Certainty" means either:
1. A ruling from the U.S. Supreme Court that explicitly interprets what a "natural born citizen" either is, or is not,
or
2. A Constitutional amendment that unequivocally defines the meaning of the term.

But a word of warning:
If Ms. Harris is not "natural born", then cannot the same be said of Ted Cruz?

@Fishrrman SCOTUS has done that on at least three separate occasions (see my post above) and it's perfectly clear to me.

Ted Cruz was born in Canada to an American citizen mother and an alien father.  Not eligible to run for presiedent or vice president.

[Texas Yellow Rose]

But a word of warning:
If Ms. Harris is not "natural born", then cannot the same be said of Ted Cruz?

Ted fits in this category:

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.  (Ted's mother meets this )
 
... "natural born" ?  Not any less than Obama was.

[jmyrlefuller]

I hope never to see another article from thepostemail.com outside of Alternate Realities ever again.

Birtherism is bullcrap.

[Bigun]

I hope never to see another article from thepostemail.com outside of Alternate Realities ever again.

Birtherism is bullcrap.

I'll tell you what's bullcrap!  Not paying attention to and following the constitution to the letter is bullcrap! And it's easy to see where that has gotten us.

[Smokin Joe]

I'll tell you what's bullcrap!  Not paying attention to and following the constitution to the letter is bullcrap! And it's easy to see where that has gotten us.