IS KAMALA HARRIS A “NATURAL BORN CITIZEN?”
by Sharon Rondeau
(Sep. 13, 2020) — A lawsuit challenging the constitutional eligibility of U.S. Sen. Kamala Harris to serve as vice president is now docketed at the U.S. District Court for the District of Columbia.
Filed by Robert C. Laity of New York State pro se, the suit names Harris as defendant and is assigned to Judge Emmet G. Sullivan, the jurist presiding over the ongoing case of USA v. Michael T. Flynn.
The cover sheet, consisting of two pages and completed on August 31, indicates that Laity cited as the suit’s “Cause of Action,” “Article II, Sec. 1, Clause 5 & 12th Amendment, USConst. requires a President and VP to be ‘Natural Born Citizens'”.
Page 4 of the suit states that the definition of “natural born Citizen” is “born in the United States to parents who were both U.S. Citizens themselves.”
Laity noted the matter to be one of “civil rights” associated with “Voting” and did not request a jury trial. Page 2 claims that Harris is “attempting to usurp the Vice-Presidency and/or the Presidency of the United States, by fraud, during a time when this nation is at war with other nations.”
The complaint can be read here: 6738187-0–17479
In addition to the “natural born Citizen” requirement, Laity wrote in the suit, “…the 12th Amendment requires that a Vice-President of the United States also be eligible to the Office of the Presidency., that he/she be also a “Natural Born Citizen” of the United States of America…” (p. 2).
The 12th Amendment reads, in pertinent part:
…But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
In an email Sunday morning, Laity told The Post & Email, “I spoke with the Clerk of the Court on Friday. I am arranging for service of the Summons and Complaint on Senator Kamala Harris, AGUS William Barr and Michael R. Sherwin, U.S. Attorney for D.C. as required by law. They will then have (60) days to Answer the Complaint.”
Shortly after her nomination was announced by Democratic presidential candidate Joe Biden last month, Harris’s eligibility as a “natural born Citizen” was challenged publicly, including in at least one mainstream publication. The question arises, wrote Chapman University Professor of Law John Eastman at Newsweek, from the fact that Harris’s parents may not have been “subject to the jurisdiction” of the United States when she was born in Oakland, CA on October 20, 1964 given their respective foreign citizenship at the time. Some in the media reacted by attempting to portray questions about Harris’s constitutional eligibility as a “racist birther conspiracy,” while others declared Harris unequivocally eligible.
While the Framers mandated that the president and commander-in-chief be a “natural born Citizen,” they did not define the term. Historical references in the Congressional Globe and at least four U.S. Supreme Court cases, including Minor v. Happersett cited by Laity on page 3 of the complaint, indicate that a person born in the country to parents owing no other allegiance than to the United States was “no doubt” a natural born Citizen, while as to those born within the United States to non-citizen parents, there remained uncertainty.
In January of last year, Harris announced her presidential candidacy but withdrew from the race at the end of the year, citing a lack of funds. On the September 13, 2020 edition of “Sunday Morning Futures,” Rep. Devin Nunes (R-CA22) claimed that Harris was Barack Hussein Obama’s choice for the Democratic presidential nominee, a preference carrying over to Biden’s nomination of her as his running mate on August 11.
Nunes further said that should Biden, who many believe has been exhibiting signs of cognitive decline, be unable to finish his first term if elected, Harris would become the next President of the United States.
Like Harris, Obama’s eligibility to serve as president was questioned beginning in 2007 when credible media reports stated that he was born in Indonesia or Kenya and not Hawaii, as he claimed. In 2012, as Obama sought reelection, Breitbart News located a 1991 promotional brochure produced by his then-literary agent stating that Obama was “born in Kenya and raised in Indonesia and Hawaii.”
The biography, which stood unchanged for approximately 16 years, was altered in 2007, shortly after he declared himself a presidential candidate, to say that Obama was “born in Hawaii.”
There remains doubt as to Obama’s eligibility given that his claimed father was never a U.S. citizen as well as the fact that a 5+-year criminal investigation determined his “long-form” birth certificate, purportedly held by the State of Hawaii and released publicly on April 27, 2011, is a “computer-generated forgery.”
Neither Congress nor the U.S. Justice Department has addressed the claims generated from the probe, which was conducted by former police detective and private investigator Mike Zullo under the authority of the Maricopa County, AZ Sheriff’s Office (MCSO).
According to Zullo in August 2018, citing two U.S. intelligence agents, “It’s been an open secret” in Washington, DC that Obama could never satisfy the constitutional requirement of being born on American soil.”
In April 2008, the U.S. Senate passed Resolution 511, with Obama and then-Democratic presidential contender Sen. Hillary Clinton voting in favor, stating that Republican presidential candidate John McCain was a natural born Citizen. McCain was born outside of the United States to two U.S.-citizen parents, one of whom was an admiral in the Navy stationed in Panama.
In 2015, days after Texas Sen. Ted Cruz (R) announced he would seek the presidency, former Solicitors General Neal Katyal and Paul Clement published an essay in the Harvard Law Review claiming that, although born in Canada to a non-U.S. citizen father, Cruz was a “natural born Citizen” of of the United States by virtue of his mother’s American citizenship. The year prior, Cruz renounced the Canadian citizenship bestowed upon him at birth after claiming to have been unaware of it.
Harris’s Senate office did not respond to questions from constituent Gary Wilmott nor to those posed by this publication when asked in 2017 and 2018, respectively, about her parents’ citizenship status as rumors about her plans to seek the presidency swirled world in various political circles.
Despite a number of lawsuits reaching its chambers during the last 12 years, the U.S. Supreme Court has declined to rule on the meaning of “natural born Citizen.” According to Associate Justice Clarence Thomas in 2010, the high court was “evading the issue.”
Under “Relief Sought” on page 7, Laity wrote:
This is a bit late, but if people do not want to believe the Constitution and the fact here parents were not U.S Citizens at the time of Kamala Harris’s birth, simple math and the U.S Immigration laws will prove they were not;
Under the The Immigration and Nationality Act (INA) was enacted in 1952, it states to apply for Naturalization you must have been a legal permanent Resident of the U.S for 5 years meaning you were here on a Visa other than a Student one in 1964.
Now take the dates: Kamala’s Mother arrives in 1960 from India on a Student Visa (Did not grant legal permanent residency at this time), her father arrives in 1961, again on student Visa. Kamala Harris was born October 1964, meaning neither parent was in the country for 5 years as a permanent resident and had not applied for Naturalization. Kamala Harris is by any definition an Anchor baby, and currently a naturalized a citizen not Natural born.
These are simple facts, and as one Specialist on the Constitution states; If the answer cannot be found one must resort to the founding fathers and their interpretation of the Meaning of Common law, which was originally derived from Vattel’s law, and re-stated at the 1865 Constitution Convention by representative Bingham as being born of Parents (plural) who are citizens of the United States.
Sullivan will make law from the bench and claim this is an attempt to reverse a valid election. In fact, this is an attempt to cure an invalid election of an ineligible candidate.
Yes, I’ve been pushing the S.Res. 511 too. We’ll see what happens and if there is any justice at all left in this country.
Thank you for your perseverance and follow up on these filings. It so helped walking me thru the court cases backing your information. You have inspired my family to take a course on the Constitution. All high school students in government should be required to read your book. We the people are taking back our government. I would like to get more copies and start handing them out to help the Great Awakening and options we have as the people. Thank you again.
No government department has been delegated any authority to proffer the definitions of any part of the COTUS beyond the customary vernacular of the language at the time of ratification.
To allow the gov’t to decide what words and terms mean would be giving it the authority to decide terms mean the most absurd or obscure i.e. black is white and white is black; and there would be no recourse to sanity for the citizens.
As a matter of course, I filed an official election complaint with the Texas Secretary of State, stating that Kamala Harris was not qualified to run for president under article 2 section 1 clause 5 of the US Constitution. Received no response regarding this complaint. The Texas Secretary of State along with the Attorney General are non-responsive to election fraud complaints if it does not fit their agenda or narrow strip of courage they have regarding law enforcement if it does not fit their political agenda.
this is filed in Judge Emmet Sullivan’s court? Wow.. It’s not going anywhere.
Dr. White, It isn’t up to Sullivan. He does not have the last word.
Robert, you’re the appellant, right? Were you able to file all this by 12/21? What does it mean? Any chance it will be approved before the 1/6 date in Congress?
CLERK’S ORDER [1872038] filed directing party to file initial submissions: APPELLANT docketing statement due 12/21/2020. APPELLANT certificate as to parties due 12/21/2020. APPELLANT statement of issues due 12/21/2020. APPELLANT underlying decision due 12/21/2020. APPELLANT deferred appendix statement due 12/21/2020. APPELLANT entry of appearance due 12/21/2020. APPELLANT transcript status report due 12/21/2020. APPELLANT procedural motions due 12/21/2020. APPELLANT dispositive motions due 01/04/2021; directing party to file initial submissions: APPELLEE certificate as to parties due 12/21/2020. APPELLEE entry of appearance due 12/21/2020. APPELLEE procedural motions due 12/21/2020. APPELLEE dispositive motions due 01/04/2021. Failure to respond shall result in dismissal of the case for lack of prosecution. The Clerk is directed to mail this order to appellant by certified mail, return receipt requested and by 1st class mail. 20-7109
This case was dismissed in the U.S. District Court in D.C. alleging “Lack of Standing” and “Failure to State a Claim…”. It is NOW on appeal to the U.S. Court of Appeals for the District of D.C. Circuit.
Do you think the appellate court will dismiss as moot or affirm the dismissal for lack of jurisdiction (no standing)?
Schuyler, N0, I do not. I finished my Appellant Brief today. I believe that I HAVE standing based on court precedents. More to come.
it will only have “standing” if and when President Trump joins the case.
Here we go again. Why wasn’t this broached BEFORE the election?
It was filed in early September.
The last entry on the docket for Laity v. Harris shows;
Oct 26, 2020
NOTICE of Consent to Proceed before US Magistrate Judge for All Purposes by ROBERT C. LAITY. (zjf) (Entered: 10/30/2020)
Main Document. Consent to Proceed before US Magistrate Judge for All Purposes
His “Plaintiff/Relators memorandum of law in support of motion IN OPPOSITION to defendant’s motion to dismiss” has not posted yet. Has it been filed or is the docket entry just slow?
And does Mario still intend to submit an amicus brief?
While I have a PACER account I have not moved the court to allow me to file electronically. My papers must therefore be mailed by U.S. Mail. Patience.
Yes. Mario Apuzzo WILL be filing an Amicus Brief in this case.
Kamala Harris’ Counsel was sent a courtesy copy of the original filing by email attachment.
Harris has moved to dismiss the complaint.
Citing the Kerchner case (and others), it says Laity lacks standing.
Citing the Ankeny case (and others), it also says anyone born in the United States is a natural born Citizen.
https://www.courtlistener.com/recap/gov.uscourts.dcd.221957/gov.uscourts.dcd.221957.7.0.pdf
“Laity’s citation to Minor v. Happersett is inapposite. That decision, handed down 25 years before Wong Kim Ark, stated in dictum that it was unsettled whether the U.S.-born children of foreign parents are natural born citizens. 88 U.S. 162, 167 (1874). The Court definitively answered that question in Wong Kim Ark; and it reaffirmed its holding in Plyler and Rios-Pineda. Because Laity’s Complaint acknowledges that Senator Harris was born in the United States (of parents who were neither foreign diplomats nor enemy soldiers), and because that is all that is required to be a “natural born citizen,” Laity’s Complaint fails to state a claim on which relief can be granted and should be dismissed.”
Could you provide a link?
It is from Senator Harris’ motion to dismiss.
Link is in the above comment by Mr. Colfax.
Lew Harper is quoting from the motion to dismiss: https://www.courtlistener.com/recap/gov.uscourts.dcd.221957/gov.uscourts.dcd.221957.7.0.pdf
That is Harris’ attorneys’ opinion Lew. I have filed a Motion in Opposition this very day.
I have already filed my “Plaintiff/Relators memorandum of law in support of motion IN OPPOSITION to defendant’s motion to dismiss”. Harris’ motion to dismiss is being opposed. Mario Apuzzo will also be submitting an Amicus brief in this matter. The Ankeny case was wrongly decided. Kamala Harris is NOT eligible to be President or VP.
Has any judge expressly agreed with the proposition that the Ankeny case was wrongly decided? Or that expressly agreed with the proposition that Minor provides a controlling definition?
Ankeny was not appealed from the Indiana Court. IT does NOT control. On Minor, the answer is yes. Those USSCt. Justices that restated in their own opinions in the related cases cited “expressly agreed” by their concurrent use of said definition in subsequent cases thereby cementing THAT definition “One born in the U.S. to parents who are U.S. Citizens themselves”. It is now long standing aned controlling precedent. If applied as it should have been Obama would have never been allowed to enter the Oval Office and the subsequent copy cat usurpers Cruz,Rubio,Jindal,McCain,Swarzenegger,Duckworth,Yang, Haley and Harris would never have been able to attempt to be elected. It is a classic case of Judicial non-feasance and malfeasance (“We are evading the issue”- Justice Thomas).
Ankeny was not appealed from the Indiana Court. IT does NOT control.
On Minor, the answer is yes. Minor is binding precedent.
All those USSCt. Justices who restated in their own opinions in the related cases that definition cited “expressly agreed” by their concurrent use of said definition in subsequent cases thereby cementing THAT definition “One born in the U.S. to parents who are U.S. Citizens themselves”.
It is now long standing binding and controlling precedent.
If applied as it should have been Obama would have never been allowed to enter the Oval Office and the subsequent copy cat usurpers Cruz,Rubio,Jindal,McCain,Swarzenegger,Duckworth,Yang, Haley and Harris would never have been able to attempt to be elected.
The fact that the courts have ignored these precendents is a classic case of Judicial non-feasance and malfeasance. ”
“we are evading the issue”- Justice Thomas.
So no judge has expressly agreed with the proposition that the Ankeny case was wrongly decided.
As for Minor, which cases expressly say that Minor provides a controlling definition?
Can you post a copy of your memorandum of law?
These “Comments” do not accept documents.
Can he post a link?
Yes.
https://truthbits.blog/2020/08/12/is-kamala-harris-an-illegal-alien/
https://aim4truth.org/2020/10/08/voters-sue-that-kamala-harris-is-not-eligible-for-office/
INJUNCTIVE RELIEF AMICUS REQUEST, DOC. NO. 483. (OCT. 08, 2020). STATE OF TEXAS ET AL V. UNITED STATES OF AMERICA ET AL, CASE NO. 1:18-CV-00068-ASH (S.D. TEX. 2018).
Had to find a work around so that New York BORN a CITIZEN versus NATURAL BORN CITIZEN requirement challenged in 2011 plus vote harvesting would have a airing that would bring California Electors in to question too.
With the great efforts of our fellow New Yorker Robert C. Laity WE have been at this since the 2008 beginning. As he knows standing requires a particularized injury to be proven and it becomes the way that Van Allen and I get to SCOTUS and that effort will be VERY interesting since Bill Van Allen and I will have Roberts, Sotomayor and other OBAMA appointees recused because his entire administration of USURPER POTUS JIHADIST BHO is VOID AB INITIO just like the DACA Executive Order IS!!.
I appreciate all the intense work that you have done to defend our Presidency and Vice-Presidency from foreign usurpations Chris. To this day, the NY State Board of Elections continues to misrepresent the Article II requirement that a President be a “Natural Born Citizen”. They continue to list the criteria as being “born a citizen”. The term of art “Born a Citizen” is NOT tantamount to “Natural Born Citizen”. https://www.elections.ny.gov/RunningOffice.html
He has no standing with the court. That will go nowhere except in the round file.
He has, at a minimum, “Locus Standi”. See Hussanara Khatoon v. State of Bihar (1980 1 SCC 81).
That case is from the Supreme Court of India.
Don’t courts in the United States follow U.S. law?
If some courts in the United States can follow British Common Law in order to equate natural born Citizen with native-born Subject…
If the U.S. District Court for the District of Columbia, specifically Judge Sullivan, doesn’t have to follow U.S. legal precedent in order to continue persecuting a highly decorated Army General despite the charges against him having been dropped…
Is not what’s good for the goose also good for the gander?
Paul, I have anticipated that argument. Let ME worry about that. I am a Relator in an “Information in the form of Quo Warranto” case in behalf of and in the name of the United States. The Attorney General of the U.S. has standing. I approached AGUS for permission BEFORE I filed this case. I am not suing in my name as a private citizen. I am suing in behalf of the Government of the United States. This case WILL BE HEARD!!
Harris was officially served the Summons and Complaint in this case on 09/23/2020.
How could she renounce being a British Subject if “once a Brit, always a Brit”?
Richard, Kamala Harris IS a Citizen of the US by virtue of naturalization law. She was also born with claims to British Citizenship/Subjecthood. She is NOT then a Natural Born Citizen of the United States since that requires birth in the US to parents who are both US Citizens themselves. Neither of her parents were that.
Richard, Kamala Harris IS a Citizen of the US by virtue of naturalization law. She was also born with claims to British Citizenship/Subjecthood. She is NOT then a Natural Born Citizen of the United States since that requires birth in the US to parents who are both US Citizens themselves. Neither of her parents were U.S. Citzens. People renounce their previous nations all the time when they naturalize as US Citizens. That renouncement does NOT ever create a status of NBC and cannot change one’s circumstances at birth. One is an NBC or one is NOT.
Doesn’t “Once a Brit Always a Brit” mean it is impossible to renounce British citizenship?
Under British law, if a foreign born child of a British subject is not registered with the British Secretary of State within one year, the child loses British subject status. This is what happened to Obama, his father neglecting/choosing not to register.
Of course, an analysis of five purported birth documents indicate, pending official verification (which has been blocked), Obama was born in Kenya. In that case, he was a dual citizen upon reaching the age of majority.
Only with permission of the Queen.
Constitution Day – 17 Sep 2020 – A Lesson From History: https://cdrkerchner.wordpress.com/2020/09/17/constitution-day-17-sep-2020-a-lesson-from-history-is-being-a-born-citizen-of-the-united-states-sufficient-citizenship-status-to-be-president-the-founders-and-framers-emphatically-decided-no-it-w/
CDR Kerchner (Ret) — http://www.ProtectOurLiberty.org
Hello,
I have been a silent reader here for a long time and still have to translate the topics into German via Deepl, that works quite well, I am just too stupid to learn your language or the program makes it too easy for me.
If so, then all naturalized Americans with dual citizenship should not participate in the election, because by running for president or vice-president if elected, he or she would be able to re-declare their original citizenship and America would be lost.
The 12th Amendment clarifies in the last sentence the requirement of who can stand as a candidate, but not the consequences of a possible dual citizenship.
Harris would then only have a chance to become president if she (Harris) had returned her original citizenship or if she (Harris) had been removed from citizenship by her birth state because she had already accepted American citizenship.
As the vice-president, the American citizen is in no way complained because the president has the “say”. Therefore, the lawsuit that has been filed will not be successful, and I see this as a flaw in the 12th Amendment
But, this is only my opinion
Wenske, Guten Tag. Eingeburgerte Burger sind nicht berechdigt. Praesident oder Vizeprasident zu werden in den Vereinigten Staaten. Man muss ein naturlich geborener burger sein.
Das ist einer, der in den Vereinnigten Staaten von Eltern geboren wurde, de biede Burger der Vereinigten Staaten selbst sind.
Man kann die Umstande der geburt nicht andern.
Ubrigens. Du bist nicht “Dumm”!
Harris has a birth certificate issued by California saying she was born in Oakland. Is there any evidence that her citizenship status ever changed?
No, she has been a Citizen of Jamaica since her birth with the Queen of Jamaica/England as her Sovereign since her birth: https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/ … and … https://en.wikipedia.org/wiki/Monarchy_of_Jamaica
CDR Kerchner (Ret) — http://www.ProtectOurLiberty.org
Reposting this hypothetical:
Donald Trump was born in 1946, his Scottish born mother was naturalized in 1942 (mother not able to pass British citizenship to son).
1) So born in US to two citizen parents – eligible
But suppose (keeping everything else the same through today) that she naturalized in 1947.
2) now born in US to one citizen and one alien and holds dual British and American citizenship – not eligible.
But how about mother naturalized in 1942 and able to automatically pass British citizenship to son (everything else stays the same)..
3) born in US to two citizen parents and holds dual British and American citizenship – eligible or not eligible?
Under 3 is Trunp then eligible?
Lindsay, Naturalized citizens give up ALL allegiances to their former country upon becoming a US Citizen. Trump’s Mom after she naturalized as a US citizen did NOT have dual citizenship. She had US Citizenship. Trump WAS born IN the US to two US Citizen parents. He is incontrovertibly an NBC. Had the US been a member of the British Commonwealth of Nations, like Harris’ Jamaica and India, Trump would have been born to one US Citizen and one Brit. Like Obama. Trump IS eligible. Harris and Obama NOT!
This confusing.
On the one hand you are saying that under Jamaican law Harris is a citizen of Jamaica but on the other hand it does not matter if British law made Trump a citizen of Great Britain.
Suppose Jamaican law said that only people born in Jamaica were citizens – then she would not have Jamaican citizenship.
Lindsay: Stop with the hypothetical arguments nonsense and trolling in this thread. Stick to the facts. British law did NOT make Donald Trump a British Subject or British Citizen at birth. Donald Trump was born with unity of citizenship and sole allegiance to the USA and only the USA since he was born in the USA to two U.S. citizen parents, both citizens of the USA at the time of Donald’s birth. Donald Trump was not born a dual-Citizen. Kamala Harris was born a dual-Citizen. Donald’s Scottish mother had long since renounced any foreign citizen and allegiances when she naturalized as a U.S. citizen years before Donald Trump was born. The Jamaican Constitution and Kamala having a Jamaican foreign national father made Kamala Harris a Jamaican Citizen at birth. And under the same Jamaican Constitution the Queen of Jamaica is the Queen of England. And as a citizen of Jamaican, Kamala Harris owes homage and allegiance to her sovereign Queen of Jamaica/England. https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/ … and … https://en.wikipedia.org/wiki/Monarchy_of_Jamaica Stick to the facts for Trump and Harris and stop trying to gas-light people.
CDR Kerchner (Ret) — http://www.ProtectOurLiberty.org
Mere birth in the USA does NOT connote or confer Natural Born Citizenship. One MUST be born IN the USA (US Jus Soli) IN ADDITION TO being born to parents who are BOTH US citizens themselves (100% US Jus Sanquinis). Harris was born with 100% BRITISH Jus Sanquinis and US Jus Soli. BOTH India (The British Raj) and British Jamaica are members of the British Commonwealth of Nations. The USA is NOT. The US severed ALL TIES with Britain in 1776. ALL TIES. Harris was born with dual British/US citizenship.
Mere birth on US Soil does NOT suffice to be an NBC. One MUST also be born to parents who were both US Citizens themselves. Harris’ parents were BOTH Brits since BOTH India and Jamaica are independent members of the BRITISH commonwealth of nations. Dominions and Commonwealths of the Crown have the monarch of England as their head of State. India chose not to have the queen as head of State but IS never-the-less in the British Commonwealth of Nations. Jamaica has the queen as it’s head of State. Harris was born to two parents having allegiances to the UK. Chester Arthur and Barack Obama also had a British subject parent. It appears that the Brits may even be deliberately trying to reclaim it’s former colonies by subterfuge.
When Article II was drafted, Alexander Hamilton suggested ‘native born citizen.’ John Jay insisted upon ‘natural born citizen.’ Why? Because ‘native born’ is only an adjective with no legal ramifications.
Proof? A ‘natural born citizen’ can be U.S. (native) born, or foreign born. This was U.S. law (1790), and in British law going way back to 1772 (British statute).
Another proof is the determination that foreign-born John McCain (Colon, Panama) was deemed Article II eligible by the Senate’s bi-partisan report SR511.
The framers were big on Natural Law (Laws of Nature and Nature’s God), which was where ‘unalienable rights’ came from.
Even going back to Feudal times, the nationality of the father took precedent over the ‘place of birth’ when determining mandated allegiance. Nationality, allegiance, was conferred by blood, jus sanguinis. So, while a child of a ‘native’ subject had allegiance mandated, a ‘sojourner’ whose child was born within a foreign king’s dominion reserved the option and right to the father’s national allegiance.
The allegiance and nationality of the child strictly followed the father for over a century, even when the Civil Rights Act (1866) and 14th Amendment (1869) guaranteed U.S. citizenship if the child was born on U.S. soil–both laws sharing a caveat from the 1866 statute that U.S. citizenship was not conferred if the father ‘was subject to any foreign power’ (rephrased as ‘subject to the jurisdiction’ in 1869).
The ‘native born’ birthright citizenship we assume today began in 1898, created unconstitutionally (my opinion) by the U.S. Supreme Court to bypass existing statute and treaty to create citizenship ‘at birth’ for a 22-year old Chinese cook named Wong Kim Ark.
Citizenship at Birth, conferred solely by a U.S. citizen mother, did not exist until revisions to the 1940 Immigration and Nationality Act in 1952.
In fact, if not for this revision, Ted Cruz would not have ‘citizenship at birth,’ which even a legal scholars, like Ted Cruz and Mark Levin, assume gave him Article II eligibility–it did not.
Harris could have had a birth certificate issued by the state of California and blessed by the pope himself; it does not matter. Harris, who was – in my opinion – issued a US birth certificate in accordance with the ill-interpreted idea that the 14th Amendment made her a US citizen, is then only a statutory (per positive man-made laws) US citizen.
A statutory US citizen can never be a natural born (US) Citizen (NBC) because an NBC is a US citizen in accordance with the law of nature – born in the country (USA) to two USA citizen parents.
Congress cannot make anyone a natural born Citizen; that is why you will not find that phrase (natural born Citizen) in any active US law. The only place that you will find “natural born Citizen” phrase is in the active US Constitution, Article II, Section 1, Clause 5.
Stop with the designer natural born Citizen scenarios, already.
Start reading articles here to gain knowledge on who is and who is not a natural born Citizen: http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html
And, here: https://cdrkerchner.wordpress.com
Sandy Taylor, thanks for your outstanding post and it got me wondering. Others, chime in.
It got me thinking, as I recall, Harris spent some time as a youth in Canada. What relevance
is there here? What was her citizen status after birth in USA? What kind of birth certificate do foreigner receive?
You can get a copy of her California birth certificate by contacting the state registrar. Ask for an informational copy, not a certified copy. Both the same but one is stamped.
https://www.cdc.gov/nchs/w2w/california.htm
A mere BC will NOT help Harris. Her Parents were NOT US Citizens when she was born. Harris is an anchor baby.
Both are not the same.
California Department of Public Health website:
“If you cannot obtain an authorized copy under California law, you can obtain an informational copy. An informational copy contains the same information as an authorized copy, but will have a legend across the face with the statement “Informational, Not a Valid Document to Establish Identity.” Certain items may be redacted and an informational copy may not be used to obtain identification. However, authorized and informational copies are both considered ‘certified copies.’ ”
Why do you so often equate things which are in fact not equal…like “citizen”, “subject” and “natural born Citizen”?
Reposting to add link:
“Both are not the same”
Informational copies are identical to authorized copies. Here are several examples,
Here is a cropped version of Harris’,
Her certificate is amended (I suspect to correct the spelling of her middle name).
You should get both pages of her certificate if you request an informational copy. I did when I requested one for a distant relative.
“Why do you so often equate things which are in fact not equal…like “citizen”, “subject” and “natural born Citizen”?”
In re Lockwood, Chief Justice Fuller said about the Minor case,
” …women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the Fourteenth Amendment of the Constitution as since”
And Justice Gray in Wong Kim Ark said this,
“The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States”
Both referred to her as only a “citizen of the United States” but clearly she is also a natural born citizen.
Referring to someone as a citizen of the United States does not tell us what type of citizen they are (natural born or naturalized).
Referring to Wong Kim Ark as a citizen of the United States does not tell us what type of citizen he was but Chief Justice Fuller considered him eligible to be president.
re Lockwood:
https://supreme.justia.com/cases/federal/us/154/116/
Harris is NOT a natural born citizen, since her parents were both foreign nationals, not citizens, when Kamala was born in Oakland, CA. They had not lived in the U.S. long enough to have become citizens prior to her birth. It takes a minimum of 5 years legal residence to be eligible for naturalization. Obama could have been born in the White House and he still wouldn’t be a natural born citizen, simply because his Kenyan, British subject father was not a US citizen.
As for Pres. Trump, his parents (Fred was born in NY and MaryAnne was born in Scotland) met in 1930, married in 1936 and she became a naturalized citizen in 1942. Donald was their 4th child, born in NY in 1946, so he was born on U.S. soil AND to two citizen parents. He is a natural born citizen. However, four of his five children are not natural born citizens. All five were born in NY, but Don, Jr., Ivanka and Eric were all born before their mother, Ivana, became a naturalized citizen and Barron was born the same year as, but about three months before Melania became a naturalized citizen. Only Tiffany, his daughter with Marla Maples, was born on U.S. soil to two citizen parents.
I was taught what a natural born citizen is in high school in the 1950’s, before Obama was born, and confirmed in college.
Do you remember which textbooks you used in high school and college with this definition?
The definition is found in the several US Supreme Court opinions that were decided prior to 1950 such as The Venus;Minor v.Happersett,Shanks v Dupont and Wong Kim Ark. It was long established law in 1950.
Was Sandra Taylor taught using those cases, or was she taught with textbooks? Are US Supreme Court cases read in high schools?
Yes. If I can show Bias on the part of the Judge.
What evidence can you present to Sullivan that shows that he is biased against you?
He may have to recuse himself based on his connection with the Obama “administration” and other issues that would have a bearing on the fair and impartial disposition of the case. It is too early in the process to go there now.
What connection does Sullivan have to Obama’s administration? What are these other issues?
Wouldn’t it be better to get a new judge sooner rather than later?
Sharon, thanks for posting this article. CDR Kerchner, thanks for all your work and efforts.
Robert Larity, also, I thank you for previous efforts and I wish you success on your court case.
This to me is a great article and I will make some copies and sent it to my elected officials and
other for awareness, support, and action. Godspeed.
The Queen of England is also the Queen of Jamaica. So Queen Elizabeth II of England is Kamala Harris’ sovereign. She owes allegiance at birth to the Queen of England/Jamaica. The founders and framers kicked out any allegiance to the Kings and Queens of England in 1776 via our Declaration of Independence and the formation of a more perfect union and Constitutional Republic in 1787. They would be absolutely astounded and shocked that a person holding allegiance to the Queen of England/Jamaica would be allowed to be VP of the United States and thus via the back door a possible Commander in Chief of our military. See: https://en.wikipedia.org/wiki/Monarchy_of_Jamaica
Kamala Harris is a Citizen of Jamaica at Birth and as such she “owes homage” and allegiance because of her Jamaican citizenship at birth to the Queen of Jamaica, the Queen of England. Again see and read: https://en.wikipedia.org/wiki/Monarchy_of_Jamaica … and … https://cdrkerchner.wordpress.com/2020/08/14/u-s-senator-kamala-harris-jamaican-citizen-at-birth/ Gaining possible U.S. citizenship at birth does not dissolve or remove her Jamaican citizenship at birth. She was born a dual-Citizen with divided allegiance at birth. Such a person born with foreign influence and allegiance per the founders and framers was not to be allowed to become Commander in Chief of our military, via the front door or the back door as VP.
Isn’t the same true for President Trump?
https://cosmopolismigration.com/2016/12/17/donald-trump-is-a-british-citizen
“If British nationality had been transmissible by descent from a UK-born mother, he would be a British citizen today.”
As I read that Cosmo article – British law can determine who is eligible to be President of the United States.
US law determines who can be President. Persons who are British subjects under British Law are not eligible to be President or VP under US Law. There are certain places that were once under the jurisdiction of the British Empire that the British Nationality Act authorizes a claim to British Citizenship. Those born in such places can claim British Citizenship. The British Commonwealth is expansive. Canada is an independent member of the Commonwealth. It has a representative to the queen. It has a prime minister. It has the queen as it’s head of State, as does Jamaica. India is also in the Commonwealth. The US is NOT. However, those born in Hawaii have a claim under UK law to be a British Citizen/subject (That’s what people are nowadays in the UK., citizen/subjects). Obama has claim to being a Brit. His claim of being born in Hawaii,especially to a British Father gives him that legal standing. If those are the circumstances of his birth as he claims (no one really know since his BC is a forgery) then he was born a dual US citizen/British citizen/subject. Under US Law he is also a dual citizen and NOT a Natural Born US Citizen.
Until you accept the fact that there are fundamentally only two types of US citizens, natural born and statutory (by law), your delusional debate issues are non-factors in your wide, wide world of natural born Citizen designer development.
Mark this date on your calendar: July 4, 1776.
The below weblink, and many contained within, will help you discriminate a natural born (US) Citizen from a statutory US citizen.
http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html
How can those born in Hawaii be British citizens?
“Persons who are British subjects under British Law are not eligible to be President or VP under US Law.”
This is becoming very technical.
Donald Trump was born in 1946, his Scottish born mother was naturalized in 1942 (mother not able to pass British citizenship to son).
So born in US to two citizen parents – eligible
But suppose (keeping everything else the same through today) that she naturalized in 1947.
Now born in US to one citizen and one alien and holds dual British and American citizenship – not eligible.
But how about mother naturalized in 1942 and able to automatically pass British citizenship to son (everything else stays the same)..
Born in US to two citizen parents and holds dual British and American citizenship – eligible or not eligible?
BTW, Trump said this about his mother:
“Her loyalty to Scotland was incredible. She respected and loved the Queen.”
If you read any of my links you would know that is not true and their birth status is not similar at all. Donald Trump was not born a Citizen of Scotland or the UK. Kamala Harris was born a Citizen of Jamaica at birth. Daniel, you probably know the difference. Donald Trump was born with citizenship and allegiance to one and only one country, the USA, since he was born in the USA to two U.S. Citizen parents. Kamala Harris was born a citizen and has allegiance at birth to two countries. Of course if her 14th Amendment U.S. Citizenship is challenged since her parents were not under the political jurisdiction or permanent residents of the USA when she was born, then she was only born a Citizen and allegiance to Jamaica, and would not be a Citizen at all in the USA. IMO, you just want to play/troll disinformation into the thread here. I guess you are resident gas-lighter here for now. See my webpages for more: http://www.ProtectOurLiberty.org … and … http://cdrkerchner.wordpress.com
Cmdr., Permanent Residents are NOT citizens of the US unless they Naturalize. The two are not mutually inclusive. Harris’ parents were both unnaturalized permanent residents when Harris was born. They however, were NOT able to confer NBC US citizenship on their daughter since they themselves were not citizens of the US.
As far as I know, England never had any citizens in their country or in its empire, only subjects.
It seems a little confusing:
https://www.gov.uk/types-of-british-nationality/british-subject
The same is not true for Donald Trump. He was not born a Citizen of any foreign country at birth as Kamala Harris was. Kamala Harris was a Citizen of Jamaica at and by birth via her Jamaican citizen and foreign national father: https://cdrkerchner.wordpress.com/2020/08/14/u-s-senator-kamala-harris-jamaican-citizen-at-birth/
If someone has the ability to obtain another country’s citizenship, doesn’t that mean that person’s alliance to the United States is questionable?
This line from the article seems important,
“If British nationality had been transmissible by descent from a UK-born mother, he would be a British citizen today.”
English law at the time only allowed the father to pass on citizenship, today the mother can too.
If English law had been slightly different – Trump would have been a British citizen at birth.
Wouldn’t that have made him ineligible?
And doesn’t that mean that English law can determine who can be President?
Both of Trump’s parents were U.S. Citizens when President Trump was born in the U.S. Trump IS a Natural Born Citizen.
British law has absolutely NO pertinence or applicability to the United States.
ALL ties to Britain were SEVERED in 1776 when the United States of America was established. British legal precedents and interpretations must be TOTALLY disregarded as immaterial and irrelevant to American Jurisprudence. It is frequently given undue import to determine what our sovereign laws are.
That is malfeasant since British Law does NOT control in the US. We are neither a dominion or are we a member of the British Commonwealth of Nations like India and Jamaica are.
What the article is saying that Trump could have been born to two US citizen parents and still have been born with dual citizenship (American and British).
That being the case, would he still be eligible to be President?
Pres. Trump’s father was born a citizen and his mother was born in Scotland. She became a naturalized citizen four years before Donald was born in NY, so he was born on U.S. soil to parents who were both U.S. citizens. He IS a natural born citizen.
Kamala Harris was born in Oakland, Ca in 1964. Her mother came here from India in 1960 and her Jamaican father came here in 1961. It takes a minimum of 5 years legal residence to be eligible for naturalization and they had not lived here long enough to have become citizens prior to Kamala’s birth. They were still foreign nationals when she was born. Her only claim to citizenship is the 14th Amendment, which does not and cannot make anyone a natural born citizen. Parents may be immigrants, but they must have already become U.S. citizens, prior to the birth of their child(ren) on U.S. soil, for them to be natural born citizens.
India,formerly known as the “British Raj” is still currently an independent member of the British Commonwealth of Nations. Kamala Harris was born to two British Parents in the US. Harris has 100% British Jus Sanquinis and US Jus soli. Unless she was alive during the American Revolution and supported it’s cause AGAINST Britain she is not one of those persons grandfathered in by Article II. She is also NOT a Natural Born Citizen of the US.
How can Harris be British by blood on her father’s side if India became a republic before she was born? Is everyone born in a commonwealth country also a British citizen?
Everyone born of a UK subject in any country of the World, whether or not a commonwealth nation, is a subject of the Crown, a UK subject.
U.S. Senator Kamala Harris is NOT a ‘natural born Citizen” of USA – NOT Eligible to be VP, or President and Commander in Chief: https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/ … and … http://www.kerchner.com/protectourliberty/Kamala-Harris-Jamaican-Citizen-at-Birth.pdf
CDR Kerchner (Ret) — http://www.ProtectOurLiberty.org