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Is Kamala Harris a Legitimate Vice President?

Is Nikki Haley Eligible to Run for President?

This article, originally written in 2022, was updated on March 18, 2023.  to clarify eligibility to run for president requires "natural-born" citizenship.  In addition, new references have been added to the end of this article.

July 25, 2022

The Constitution (Article II, Section 1) states that the President must be a natural-born citizen, as well as any potential successors to the office.  While Kamala Harris was born in the United States, neither of her parents were US citizens at the time of her birth.  Why is this important?  Recently, Nikki Haley has announced her bid to become president.  Again, neither of her parents were US citizens at the time of her birth.

It is important to distinguish between "natural-born" and other types of citizenship.  There is still debate going on regarding the "under the jurisdiction" clause of the 14th Amendment, but that debate only deals with "citizenship", not natural-born citizenship.  SCOTUS has already ruled on the definition of a natural-born citizen.

The 14th Amendment was written to preclude the notion of "anchor babies".  Quoted from Riders USA " appears clear that the authors of the 14th Amendment intended only to grant citizenship to persons born here who were also "subject to the jurisdiction" of the United States." This makes Kamala Harris an "anchor baby" and not a natural-born citizen, or for that matter, a US citizen at all (yet basic citizenship is still being debated).  This debate is much like the debate over the words, "Shall not be infringed" found in the 2nd Amendment.

The US Constitution already prohibits everyone who is born in the US from becoming a citizen.  The "under the jurisdiction" clause of the 14th Amendment already prevents this.  All we have to do is enforce existing laws.  This clause was added to the Amendment by Senator Jacob Merritt Howard of Michigan who proposed the addition of the phrase specifically because he wanted to make clear that the simple accident of birth in the United States was not sufficient to justify citizenship.  Senator Reverdy Johnson of Maryland, who was the only Democrat to participate in the Senate debate, was even more explicit about the meaning of the jurisdiction requirement: "[A]All persons born in the United States and not subject to some foreign Power -- for that, no doubt, is the meaning of the committee who have brought the matter before -- shall be considered as citizens of the United States."

As late as 1964, Congress added another requirement for citizenship: The mother who is a US citizen must be 19 years or older to pass citizenship on to their child.  While repealed some time later, please note that Obama's mother was only 18 when she gave birth to Obama, assuming he was actually born in Hawaii, he did not meet the criteria for being a US citizen at the time.

This has already been taken to the Supreme Court : "The Court essentially stated that the status of the parents determines the citizenship of the child.  To qualify children for birthright citizenship, based on the 14th Amendment, parents must owe "direct and immediate allegiance" to the U.S. and be "completely subject" to its jurisdiction.  In other words, they must be United States citizens."  This makes it clear that "anchor babies" and Kamala Harris are NOT US Citizens.

Since at least 1795, federal laws governing naturalization have required aliens to renounce all allegiance to any foreign power and to support the U.S. Constitution. Such allegiance was never assumed simply because the alien was residing in the United States.  This renouncement remains in the U.S. Citizen Oath recited by all new citizens.

Another reason she, and all Vice Presidents are illegitimate since 1804 is because of the 12th Amendment, which states that the VP shall be elected in the same manner as the President.  The people did not vote for Kamala Harris and the Electoral College didn't vote for her either.  Andrew Jackson was the first to run after this amendment was passed.  He said something like "to hell with that, I'm picking my own running mate."  All VPs have been illegitimate since.

Here’s what is being, or has been tried one to tried to fix this problem:

  1. Sen. Blackburn Takes Aim at Birth Tourism in New Bill
  2. Chinese National Pleads Guilty For Running 'Birth Tourism' Scheme
  3. Trump Admin. Considering Executive Action to End Birthright Citizenship
  4. Rep. Steve King Reintroduces Bill to End Birthright Citizenship
  5. Birthright Citizenship Legislation
  6. Sen. Vitter Writes Op-Ed Calling for The End of Birthright Citizenship for Illegal Aliens
  7. Myths vs. Truths about Birthright Citizenship
  8. Supreme Court Opinions about Birthright Citizenship and the 14th Amendment

It is important to understand the original intent of a law or Constitutional Amendment in order to get the meaning behind it.  Unfortunately, the full intent, or explanation of an Amendment cannot be fully delineated in the Amendment itself.  It would simply take up too much print space.  So how do we, and the Supreme Court, make these interpretations?  We read the "original intent" written by the authors of the Amendment.  Here’s a link defining what was meant by the restriction defining "under the jurisdiction of" that Senator Jacob Merritt Howard wrote in the amendment: Original intent of the 14th Amendment.

Conclusion: You are a natural born US Citizen only if you are born in the USA and at least one of your parents is a US Citizen at time of the birth.




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