Examining Kamala Harris's Eligibility for High Office
“The 14th Amendment does not give everyone citizenship. It excludes anyone that is subject to the jurisdiction of another country.”
Kamala Harris' Eligibility for Office: Exploring Constitutional Concerns
Sept. 2020 -- By Marla Fernandez, Activist and Writer
Kamala Harris’ eligibility for the highest positions in the United States has been a topic of debate due to constitutional considerations. Some argue that, according to the framers’ intent, both parents should be naturalized citizens for someone to be considered a “natural born” citizen. Kamala Harris was born on October 20, 1964, and her parents married in 1963. Her mother, Shyamala Gopolan, came to the United States in 1958 to study at the age of 19, while her father, Donald J. Harris, was born in 1938 and moved to the United States in 1960 for educational purposes. The question arises: Did Kamala’s parents intend to become U.S. citizens five years before their move?
Article II, Section 1 of the Constitution states that “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.” But what does “natural born Citizen” mean?
Amendment 14, Section 1 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.” The phrase “subject to the jurisdiction thereof” essentially means that one must not owe allegiance to another country. U.S. citizens are members of a political community and consent to be governed solely by the laws of the United States. A child born to non-citizen parents typically becomes a citizen of the country their parents are from.
The allegiance expected from non-citizens is temporary and requires compliance with the nation’s laws while residing within its territory. Dual or triple nationality can raise concerns about divided loyalties. Kamala Harris holds triple nationality, which raises questions about her allegiance.
The founding fathers were wary of foreign influence, which is why the issue of allegiance is significant. Kamala Harris’ diplomatic conflicts due to her triple citizenship could inadvertently affect U.S. policies through her votes. Consequently, some argue that she may not be eligible for the second-highest or the highest office.
In the event that Vice President Biden becomes President but cannot fulfill the duties, Kamala Harris would need to be removed from office, making the Speaker of the House eligible. Kamala Harris assuming the presidency could potentially lead to significant issues during times of war, similar to the case of Kawakita v. United States (Sup.Ct. 1952). Tomoya Kawakita, born in the U.S. to Japanese parents with dual citizenship, faced serious legal consequences after engaging in activities against Americans. Kawakita’s case underscores the importance of choosing one’s citizenship and repudiating others.
In conclusion, the debate around Kamala Harris’ eligibility centers on whether she meets the criteria of a “natural born citizen.” This term implies that both parents should have been citizens at the time of her birth, a condition some argue she does not fulfill, leading to concerns about her allegiance.
Kamala Harris's Eligibility: Exploring the Natural Born Citizen Debate
In conclusion, the debate around Kamala Harris’ eligibility centers on whether she qualifies as a *natural born citizen* to serve as Vice President or President. The argument against her eligibility is twofold:
Firstly, her parents were not naturalized U.S. citizens at the time of her birth, which is seen by some as a requirement for a **natural born citizen**.
Secondly, the phrase *”subject to the jurisdiction thereof,”* as mentioned in the Fourteenth Amendment, is considered an exception to the rule of citizenship by birth within the country. Kamala Harris’ mother, Shyamala Gopolan, was the daughter of a diplomat, making her subject to the jurisdiction of the Indian Republic, not that of the U.S. Similarly, Kamala Harris’ father, Donald J. Harris, came to the U.S. as a non-citizen student at the time of her birth, subjecting him to the jurisdiction of Jamaica. Therefore, some argue that Kamala Harris carried her parents’ alienage and allegiance to two distinct foreign governments.
The type of visa Kamala Harris’ parents held is not publicly known, and it remains unclear whether they had declared formal intent to seek U.S. citizenship, renounce any former allegiance, and swear allegiance to the U.S. as required for naturalization.
In light of these arguments, some contend that Kamala Harris is not eligible for the Office of President or Vice President. The founding fathers’ intent was not to allow just anyone to hold these high offices, and the eligibility criteria for a **natural born citizen** remain a topic of debate.