by CDR Charles Kerchner (Ret), blogging at CDRKerchner, ©2020

(Aug. 14, 2020) — U.S. Senator Kamala Harris was born a dual-Citizen and thus is NOT a “natural born Citizen” of United States with Unity of Citizenship and Sole Allegiance to USA. She was a Citizen of Jamaica at Birth.

U.S. Senator Kamala Harris is a dual-Citizen at birth who was born in California to a Jamaican Citizen father and a Citizen of India mother. She was thus born a Citizen of Jamaica via her father per the Constitution of Jamaica, Chapter 2, Section 3C and also gets special privileged Person of Indian Origins (PIO) status via her  mother. She also claims basic Citizen at Birth of the USA via the 14th Amendment of our U.S. Constitution and/or under U.S. Statutory Law Code Title 8 Section 1401, a naturalization law passed by Congress under its naturalization law constitutional powers. A “natural born Citizen” is a term of “Natural Law” and needs no congressional man-made “Positive Law” to make them a U.S. Citizen. Therefore as a claimed “Citizen at Birth” of the USA, (but some claim she is not even a U.S. Citizen at all since her parents were here on temporary VISAs and were not registered as permanent resident aliens of the USA when Kamala was born in 1964 in California, and neither of her parents were U.S. Citizens then), she would then be constitutionally eligible to serve in U.S. Senate, but since she is not a “natural born Citizen” at birth of the USA, she is not constitutionally eligible to serve as Vice President per the 12th  Amendment (last line), or as President and Commander-in-Chief, per Article II Section 1 Clause 5.


Recognizing that Kamala Harris is NOT a “natural born Citizen” of the United States and is NOT constitutionally eligible to be President or VP.  

Whereas as put into the Constitution of the United States in Article II Section 1 Clause 5 by our founding fathers and framers requires that, to be eligible for the Office of the President and Commander in Chief of our military forces, a person alive at the time of the adoption of the Constitution had a “grandfather clause” therein and only had to be a “Citizen” of the United States, but that in the future a person born after the adoption and ratification of our U.S. Constitution they had to be more than just a “Citizen” of the United States but must be a “natural born Citizen” of the United States;

Whereas per the 12th Amendment of the U.S. Constitution (last line), the Vice President of the United States must meet the same eligibility requirements as the office of the President.

Whereas Kamala Harris was not alive at the time of the adoption of the U.S. Constitution and cannot avail herself of the “grandfather clause” therein available to only the Original Citizens and therefore has to meet the more restrictive “natural born Citizen” clause;

Whereas the founders and framers considered simply being a “Citizen” and then per  Alexander Hamilton’s suggestions being simply “born a Citizen” for the  presidential eligibility clause and the framers did not adopt those less restrictive terms for who could be the President and Commander in Chief once the founding generation had passed;

Whereas the term “natural born Citizen”, as that term appears in Article II, Section 1, Clause 5 is not specifically defined in the Constitution of the United States (since the Constitution does not include a glossary but was written in terms as noted in the Federalist Papers using language and terms that were clearly understood by them and the people of the USA who were called upon to adopt and ratify it), and thus we must look elsewhere outside the Constitution to what the  people of founding and framing era understood said term to mean (as is mentioned in the U.S. Supreme Court Case of (1875) Minor v Happersett), in order to determine its “originalist” meaning to those that chose that term and those that voted for and adopted and ratified our U.S. Constitution;  

Whereas the Laws of Nature and Natural Law as evidenced by the Preamble of our Declaration of Independence strongly influenced our revolution and break away from England and the writing of our founding documents;

Whereas that per the “Principles of Natural Law” by Emer de Vattel (1758/1797) and  Natural Law and Laws of Nature familiar to the founders and framers, and the  people of the founding and framing era, understood that a “natural born Citizen” was a person born in the country to parents who were both Citizens (born or naturalized Citizens as long as they are both Citizens) of the country when their child was born in the country, and that term was chosen as a future national security clause as a “strong check” against “foreign influence” by or at birth on the person who would be eligible to be President and Commander in Chief of our  military forces once the founding generation had passed;

Whereas Kamala Harris was clearly and admittedly born to non-U.S. Citizen, foreign national parents when she was born in California in 1964, that said Kamala Harris was thus born with foreign allegiance to Jamaica via her Jamaican citizen father and thus has foreign influence upon herself via citizenship at birth in more than one country, and thus she was born with multiple allegiances and citizenship and divided allegiances and national loyalties at and by birth. This is exactly what the founders and framers did NOT want for the person who would be President and Commander in Chief of our military forces in the future after the founding generation, the Original Citizens, had passed away;

Whereas while Jamaica is a friendly country it is a foreign country and is not  part of the United States or its territorial jurisdictions; and

Read the rest here.

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  1. Sorry to tell you this but there is no difference in a natural born citizen and a natural citizen. The Supreme court has never ruled on Article II clause 5. thus “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.”
    The distinction is between an artificial entity which is a person for purposes of the law, such as a corporation or a business or a naturalized citizen. The phrase Natural Born Citizen means just that a citizen of the USA born from human parents as a citizen of the US. Ms. Harris qualifies as that.

  2. President Trump had ball caps made with “TRUMP 45” on them. Can you imagine if he would’ve had “TRUMP 44” on them instead?
    See, even he can’t fight these idiots. I’m a hot headed half Irish & half Redneck native Texan…I would’ve put “44” on my ball caps. (I know, the President Chester Arthur deal may equal Trump being #43), but we’ll say “44” for now.
    But can you guys just imagine for one minute, how things would be if the cowardess, rotting, diabolical deep state and liberal media was on the Conservative side? AAAWWWW MAN! We would chew, crush and spew these evil creatures into the deepest black hole or worm hole that the Universe has to offer.
    My neighbor, who is a very level-headed hard working humble “natural-born US CITIZEN” told me one day…”we’re gonna have a civil war someday…Republicans vs Democrats.” I mean, he was 100% spontaneous and sincere when he said that to me. I instantly reminded myself to update my bug-out bag.

  3. This is a very nasty piece that NBC just aired today. Calling a constitutional term discussion, political argument, and debate on said natural born Citizen issue and Vice Presidential constitutional eligibility… “racist birthers.” John McCain was challenged on the same issue back in 2008. Race has nothing to do with it. It’s about constitutional eligibility. And as Justice Thomas said, they are avoiding this issue. But it needs to be addressed formally by SCOTUS and decided once and for all. But with this TV segment, this time they went way too far, imo. NBC Night News defames imo Sharon Rondeau and her The Post & Email online newspaper by showing her picture and website image on their TV news show while talking about “racists”, saying the phrase multiple times in the segment, before and after her picture was displayed. See the video here: “Trump fuels baseless birther theory about Kamala Harris”:

  4. Actually she is TRIPLE citizen — of Jamaica via her father, of India via her mother, and of the U.S. via her birth in the U.S.

    Emerich de Vattel, John Jay, the Founders and John Bingham must be screaming at the sky at the thought that someone born a citizen of three different countries would be considered a natural born citizen.

    1. Well since Vattel never once wrote or uttered the phrase “natural born citizen” I doubt he would have much to say. John Jay and the founders would have understood the term “natural born” from its meaning in English common law. That would mean anyone born on English soil was a natural born subject. They would had laughed at anyone trying to use de Vattel on citizenship since he wrote about Europe.

      Since the US is pretty much agnostic on dual citizenship (or triple if you are correct) all that matters is that Harris was born on US soil and under the jurisdiction of the US and is therefore a natural born citizen.

      1. “The natives, or natural-born citizens, are those born in the country, of parents who are citizens.” – Excerpted from Emerich de Vattel’s Law of Nations; Chapter XIX; Paragraph 212.

        “The Law of Nations had a particular impact on the American revolutionaries of the late 18th Century and early 19th Century.[10] Vattel’s ideas were utilized to argue against the tax burden which the British Crown levied on the American colonies. Early American lawyers and jurists were exuberant Vattelophiles.[11] In 1775, Benjamin Franklin received three copies of a new edition on behalf of the Continental Congress and, in thanking his friend Charles Dumas for sending them from the Netherlands, he remarked that they “came to us in good season, when the circumstances of a rising State make it necessary to frequently consult the law of nations” and that “[the book] has been continually in the hands of the members of our Congress now sitting.”[12] Vattel was quoted in the Constitutional Convention and in various political tracts and judicial opinions in the early Republic.[13] The positive legal reception of The Law of Nations in the United States is demonstrated by the numerous quotations by the U.S. Supreme Court.[14] The good reception that Vattel’s work received in United States, however, stood in sharp contrast with the mixed reception it received in Europe.[15]”

        John Jay and the Founders definitely understood English common law and that’s why they rejected it in favor of Vattel’s Laws of Nations.

        John Bingham, father of the 14th Amendment, stated on the floor of the U.S. House of Representatives in 1862: “All from other lands, who by the terms of laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens.”

        In 1866, John Bingham stated on the House floor: “Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

        Since you question my claim that she was born a TRIPLE citizen, which country do you propose she was not born a citizen of? The U.S.? :)


      2. You never read ‘The Law of Nations’ book one chapter 19. ‘NATURAL BORN CITIZEN’ is inherited from one’s father at birth. Place of birth has no effect. For a ‘State’ may offer ‘Naturalization’, cannot take away ‘Natural born citizenship’. Only the individual may remove themselves from a ‘State’ to join another. One can only possess one ‘State’ as a ‘Natural Born Citizen’ of all others are a process of ‘Naturalization’ were those who represents the people may offer citizenship for meeting certain issues, like born within borders to parents with ‘State’ documents granting visit or ‘under jurisdiction’

    1. For me, the first link yields a “Page Not Found” error. ??

      From the second link:

      “It’s possible that ‘natural-born citizen’ has since been broadened to include children of U.S. citizens born overseas (a 1790 Act of Congress specified that, ‘The children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural-born citizens’). But it hasn’t been narrowed, and in U.S. v. Wong Kim Ark (1898), the Court interpreted the 14th Amendment as reaffirming that people born in the U.S. are indeed natural-born citizens, regardless of their parents’ citizenship.”

      Just like the CRS, Newsweek conspicuously omitted the fact that the 1795 Act of Congress repealed the 1790 Act of Congress. Why did both omit that fact? Because the latter replaced the former’s “natural-born citizens” with “citizens”. Boom-Boom out go the lights.

      1. Didn’t the Naturalization Acts of 1790 and 1795 address only those born outside the United States?

        It sounds like that Newsweek author is saying they don’t apply to those born in the United States.

        1. Naturalization applies to someone who is not a citizen at birth. It does not apply to most of those born on US soil unless they meet one of the exceptions to jurisdiction (children of ambassadors or invading armies).

        2. Randy: Naturalization laws can naturalize someone at birth or later in their life. Title 8 Section 1401 is a Naturalization Law passed by Congress that in circumstances described in some categories listed in that man-made law, naturalizes people at birth. Title 8 is a U.S. Naturalization Law, a Positive Law. See: Said law does not create any “natural born” Citizens or even use the term “natural born” therein. Only the Laws of Nature and Natural Law can provide for the creation of a “natural born” Citizen, i.e., a person born in the country to two Citizens of that country (born or naturalized Citizens themselves). A person born with innate and immediate sole allegiance and singular citizenship to only one country at birth. But the parents must be U.S. Citizens when their child is born of them in the USA. That is how “natural born” Citizens are created. The children of Citizens born in their parents country, in our case a child born in the USA to two U.S. Citizen parents, who were Citizens of the U.S. when their child is born in the USA. See Vattel “Principles of Natural Law” Vol.1 Chapter 19 Section 212, which was widely read and used by the founders and framers such as Benjamin Franklin, Thomas Jefferson, George Washington, and others:

  5. Yup. Here we go again. And have you noticed it’s always from the Democrat side of our crumbling house that this sort of brazen faithlessness, cavalier dismissiveness of the Rule of Law and self-serving obstructionism emanate? And LO to anyone who dares cite chapter and verse of the Constitution to p-r-o-v-e that Kamala, like Obama, is, per Art II, the 12th and 14th Amendments, slam dunk INELIGIBLE to hold the office of either VP or Prez. Never mind she’s a demonstrably consummate liar and Socialist to her core. She’s Constitutionally ineligible! That’s all we need to know. Over the years, the Left has cleverly. ruthlessly and surprisingly successfully denigrated anyone who would dare to challenge a Democrat’s Constitutional eligibility for high office. Why? I suspect because to most good folks such dishonesty and such a brazen violation of the Constitution would be unthinkable and, therefore, either unlikely or impossible. Obviously, they had no real appreciation for Democratic Party ruthlessness. And, of course, fear of being personally attacked usually shut these people down. But I think much of that Pollyanna crowd has awakened to the self-serving beast the Democratic Party has become. Hopefully, THIS TIME the constitutional scholars, legal experts and the People’s political representatives will hold the Democrats’ feet firmly to the fire. Defiling the Constitution cannot be tolerated by domestic friend or foe, insurrectionist or patriot, Republican or Democrat. It’s that simple. We let it happen twice before—Chester A. Arthur (fortunately, he wasn’t a neo-Marxist) and Obama (he was and is), and that is quite enough for a republic whose Constitutional foundations ae already collapsing. Obviously, the Demonrats have no shame, not a gram of heartfelt fidelity to the Constitution or to the Rule of Law. Their insatiable thirst for POWER alone dictates all they do and say–not the Constitution, not the Republc–and it doesn’t matter how many human or Constitutional casualties are left lying in the wake of their ruthless and destructive quest for raw political power. Accomplished propagandists who do Goebbels proud, you can be sure an offensive blitzkrieg against those patriots and experts who properly point out her ineligibility is underway. And they will be mercilessly castigated, bullied and belittled. Like mean-spirited bullies, the Demonrats will be relentless and shameless–and successful yet again–unless the People and their principled representatives push back. This time, patriots, in unity, must be on the attack. This grotesque violation of fundamental Constitutional principles cannot again be allowed to stand. It matters not if she’s Demonrat, Republican, whack job or paragon of principle and virtue. The Constitution eclipses one’s political ambitions. Or should! PERIOD.

  6. Read, download, and print a PDF copy of this White Paper I wrote a few years ago about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution (The Who What When Where Why and How) at this link: Also see the new banner and information re Kamala Harris’ ineligibility status at my website: — CDR Charles Kerchner (Retired)

  7. Harris is a DUAL citizen. Period. What doesn’t the left understand about the Jamaican Constitution. Chapter 2, Section 3Cb.

  8. Here we go again! If in fact Harris’ parents were here on temporary visas at the time of her birth she is then what is classically known as an “anchor baby”. She is NOT a natural born citizen. She is in fact a dual citizen. If she is allowed to run for VP she will open the gates to all anchor babies in our country and allow them to run for President and Vice President! This situation is absurd! Lindsay Graham is absurdly wrong on this issue. “Unequivocally” she is a dual citizen and an anchor baby. Christopher Kelley, a political science professor, and Jessica Levinson, a professor at Loyola Law School are all wrong as well! May I strongly suggest that all of the aforementioned go back and study the Constitution, Vattel’s Law of Nations, the 2nd, the 12th and the 14th Amendments, and the reasoning and rationale of the time period that these amendments are based upon. They might learn something! Also, the eligibility issues of Obama, Cruz, Rubio, and Jindal (excuse me if I left anyone out) have not been resolved at all! Anyone who says otherwise is full of it! We “birthers” are not stupid, we are not dumb! The Democrats, the Media, the Rhinos, and the Left consistently insult our intelligence, rather than having an face to face forum to “resolve” this issue! I am no scholar but, I challenge any and all of all the aforementioned to have an open, public discussion on this issue of eligibility, and see who is standing in the end! Finally, we don’t want another usurper in OUR WHITE HOUSE!!!

  9. This will be to no avail when the “New World Order” comes to fruition. ALL will be considered “natural born citizens” of the earth and thus eligible to serve as President or V.P. of the “One World” government. Don’t doubt for a minute this is what’s planned by Soros and the Dems,
    including a few RINOs. Obama (or whatever his name is) kicked the ball rolling and it sure is picking up speed as America rushes downhill. If Congress keeps violating the Constitution, pretty soon it will be totally discarded.

  10. of course she isn’t eligible but neither was fuhrer Obama but devildemocommiecrats don’t care about the Constitution. She is a radical leftist who wants to establish tyranny and help the New World Order of satan and soros come forth so the dems applaud her and gullible voters aren’t informed enough to know the difference nor are they willing to stand up for liberty. the only way she and biden get in is through fraud and they are hard at it to get fraud to be the main component in the election. they can’t win a fair election. I believe the phony polls showing biden way ahead will be their excuse to declare him the winner.