by Sharon Rondeau
(Feb. 22, 2024) — In an appearance on Fox News’s “The Story” with Martha MacCallum at approximately 3:45 p.m. EST, former 2024 Republican presidential candidate Vivek Ramaswamy described himself as “the kid of legal immigrants to this country,” with an emphasis on the word “legal.”
A successful entrepreneur and biotech executive prior to entering politics, Ramaswamy withdrew from the race following the Iowa caucuses last month, where he received approximately 8% of the primary vote.
Among rising concern among American voters over the entry of a massive number of illegal aliens since early 2021, when the Biden regime took office, Ramaswamy emphasized to MacCallum that his parents arrived in the United States legally.
Two days earlier, current 2024 Republican primary contender Nikki Haley did the same in a “State of the Race” speech she gave from Clemson University in her home state of South Carolina.
As was reported by CDR Charles F. Kerchner, Jr. (Ret) several months ago, in an interview with NBC News, Ramaswamy revealed neither of his parents naturalized prior to his birth in August 1985, raising the question among some observers of his eligibility, as a “natural born Citizen,” for the presidency as required by Article II, Section 1, clause 5 of the U.S. Constitution.
Haley’s eligibility has been questioned for the same reason, as her parents were not U.S. citizens when she was born in South Carolina in 1972.
In a Substack article dated January 1, 2024, law-school graduate, political commentator and Trump supporter Paul Ingrassia posited that Haley is “absolutely prohibited” from serving as president or vice president, the latter due to the passage of the 12th Amendment.
Ingrassia later called for Haley to disclose whether her parents were in the United States legally at the time of her birth, notwithstanding his declaration of her presidential ineligibility.
“…Haley has never demonstrated proof that her parents were lawful residents at the time she was born,” Ingrassia wrote in on January 19. “Critically, nobody seems to have answers as to whether Ajit and Raj Randhawa were lawfully permitted to reside in the United States at the time of Haley’s birth at all! Even if they were, what was the status of their lawful residence? Were they here on student visas? Some kind of employment visa? Whatever might have been the 1972-equivalent of an H-1B, something else? Nobody has answers to these critical questions.”
As former law professor John Eastman wrote in Newsweek on August 12, 2020, Kamala Harris, then a vice-presidential candidate on Biden’s ticket, was born in Oakland, CA in 1964 to parents hailing from Jamaica and India, respectively. Both were present in the U.S. on student visas.
In his article, Eastman not only questioned Harris’s presidential eligibility under the higher bar of “natural born Citizen,” but also whether under the 14th Amendment she should have been deemed a U.S. citizen since her parents’ “jurisdiction” could have rightfully reverted to their respective home countries and not the United States.
At a February 8 hearing on whether the Colorado secretary of state could remove Donald Trump’s name from the primary ballot in keeping with a decision issued by a majority of the Colorado Supreme Court, members of the U.S. Supreme Court conflated the term “citizen” with “natural born Citizen” when speaking of the requirements to be president. It was an attorney arguing in favor of the Colorado ballot ban who referenced the term while claiming there were a number of individuals seeking the presidency who are not “natural born Citizens.”
At a townhall event with Laura Ingraham Tuesday, Trump confirmed Ramaswamy to be on his “short list” of vice-presidential candidates should he win the Republican nomination, which appears increasingly likely.
Though the question has arisen, Trump has publicly ruled out Haley, who in recent weeks has established an adversarial relationship with the man who nominated her to be U.S. Ambassador to the United Nations, a position in which she served for roughly two years.
For her part, Haley has said she is not seeking the vice-presidency under any condition.
Ramaswamy and his wife were in the company of Trump and his wife Melania at a recent event at Mar-a-Lago.
We can all thank Chief “Justice”John G Roberts Jr for failing to take up any case which might decide the NBC issue (which, by the way, has turned out to be one of the most important national security and legal matters in our country’s history). I also want to give credit, where it is due, to our very own CIA. Weren’t they the ones with the communists who groomed constitutionally ineligible Manchurian Candidate Barack Hussein Obama for the presidency, and in the process began the destruction from within of our republic. Yes, they were.
The question of whether the Haley, Harris or Ramaswamy parents were in the USA “legally” is not the issue under Article II.
Nikki Haley’s parents were purportedly here legally but were not U.S. citizens at the time of her birth,
Kamala Harris’s parents were in the U.S. legally, but were not citizens at the time of her birth.
My research indicates the same status for Ramaswamy’s parents.
Therefore none of the aforementioned persons are eligible to the offices of V.P. Or President.
The American people are being played.
Permanent residents who are not citizens of the US are still foreign nationals. A PR who is not a citizen of the US MUST apply for such status AFTER first apprising the US Government of their INTENT to apply for US citizenship.
The status of PR itself does NOT confer US Citizen status on said PR. A PR must apply for US Citizenship. US citizenship is not conferred based solely on a grant of permanent resident status.
Many PRs living in the US are NOT US Citizens.
Vivek Ramaswamy, Nikki Haley, and Kamala Harris would have been classified as foreigners in the U.S.A. in 1830 and 1884 in accordance with the following U.S. Supreme Court rulings:
The Supreme Court in Inglis v. Trustees (1830) and Elk v. Wilkins (1884) ruled that a child born on U.S. soil, of a father who owes allegiance to a sovereignty other than the United States, is not a U.S. citizen at birth; and that the citizenship of such a child is that of its father, not its place of birth. So, how could these three individuals be natural born Citizens (nbC) and compete for the presidency of the U.S.A. during the 2024 election?
Concerning the parents of Ramaswamy, Haley, and Harris, the Immigration and Nationality Act of 1952 clearly states one has to be a resident on file for a five-year waiting period before requesting naturalization status.
SEC. 316. [8 U.S.C. 1427]
“(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.”
So it’s evident Ramaswamy’s, Haley’s, and Harris’ parents weren’t U.S. citizens at the time of their births. Thus they are ineligible to the offices of president and vice-president and they should never have been awarded a statutory (plain-vanilla) U.S. citizen at the time of their births.
Since the Democrats did it twice the Republican Party seems hell bent on instilling a non-nBC and to heck with Art. 2, Sec.1, Cls. 5 of the Constitution.
Our nation’s first faux “President” was usurper Chester Arthur. Arthur was a Republican. Our SECOND faux “President” Barack Obama was a Democrat. Democrat or Republican ONLY NBCs are eligible to be President or VP.
Since Obama, his cabalist accomplices Pelosi and Biden, who are complicit with Obama’s treason and espionage against the US, there has been a plethora of frauds.
Criminal usurpers have attempted to repeat the crime. The list has become very long.
I opine that it is a BI-PARTISAN scheme to facilitate the eventual downfall of the USA. In 2008 BOTH Major parties were ineligible. Neither McCain or Obama were/are NBCs.
If our government actually cared about the integrity of our highest offices both parties would have already taken legal measures to stifle these usurpations. That they continue in their subterfuge leads me to believe that our nation is most assuredly under seige by foreign nationals.
Reply to ‘Neither McCain nor Obama were/are NBCs.’ (”Neither..nor”)
In contrast to the clear ineligible status of Usurper obama, McCain was, in fact, Constitutionally Eligible to the Offices of President and Vice-President of the United States (i.e., he was an Article II ‘natural born Citizen’) in that he was born to Parents who at the time of his birth were both U.S. Citizens with at least one actively serving in the ”armies of the state” so that as a member of the diplomatic or military corps, such person(in this case, parental figure) carries, if you will, U.S. Soil with them throughout the course of their service no matter if duty should require/involve travel and temporary stay or habitation abroad.
Interesting that Trump considers Ramaswamy eligible when he believes Harris isn’t, yet neither Ramaswamy’s nor Harris’ parents U.S. citizens when they were born.
It has to be made clear to Trump. Trump must be made to understand and take note.
Trump would then have to concede that his eldest son, Don Jr., would be constitutionally INELIGIBLE.
From Joseph DeMaio:
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That is correct: although born in New York City in 1977, Donald Trump Jr.’s mother, Ivana Trump, was at that time a Czech citizen and did not naturalize as a U.S. citizen until 1988.
The concession would be a small price to pay in exchange for adherence to and recognition of the primacy of the Eligibility Clause of the Constitution. It is also one which both “45” and Don Jr. would presumably gladly pay…, assuming they were fully informed of the history and intent of the Founders in adopting the nbC definition set out in § 212 of the de Vattel treatise.
..as well his eldest daughter, ”Ivanka” ‘would be constitutionally INELIGIBLE.’
Sadly and tragically , Trump has never fully grasped or at least pretends not to apprehend correctly what it means to be a true Article II ‘natural born Citizen’
Now there’s talk of Tulsi Gabbard being on Trump’s VP shortlist. What’s her natural born Citizen eligibility status since she was born in American Samoa?
Given that her circumstances are similar to McCain (born to U.S. citizen parents), if she’s the nominee and an eligibility challenge was filed, the courts likely would rule she is eligible.
Vivek Ramaswamy and Tulsi Gabbard are ineligible presidential/vice-presidential candidates. Neither is a natural born Citizen; instead, they are STATUTORY US citizens under different laws.
Re Ramaswamy: Ramaswamy obtained his putative statutory US citizenship under the misinterpretation of the 14th Amendment.
Re Gabbard: Gabbard obtained her statutory US citizenship under government laws dealing with a person born overseas to one or two US citizen parent(s). From US State Department website:
[caption heading] “Birth of U.S. Citizens and Non-Citizen Nationals Abroad”
[text] “If you are a U.S. citizen (or non-citizen national) and have a child overseas, you should report their birth at the nearest U.S. embassy or consulate as soon as possible so that a passport and/or Consular Report of Birth Abroad (CRBA) can be issued as an official record of the child’s claim to U.S. citizenship or nationality. The U.S. embassy or consulate will provide you one original copy of an eligible child’s CRBA.”
If it takes an act of Congress, as the 14th Amendment clearly is, or if one is following immigration/naturalization laws authorized by the US Constitution and delegated to Congress for one to be a US citizen, then such a person is a naturalized citizen. The 14th Amendment never delegated authority to two non-US citizen parents to bestow US citizenship on their offspring.
Additionally, Congress does not have the authority to make or deem anyone a natural born Citizen.
A natural born Citizen (nbC) does not need a law to become a US citizen. An nbC is a US citizen by the law of nature – born IN one of the 50 states to TWO (2) US citizen parents.
Regardless, if the Gabbard is the nominee and there’s an eligibility challenge, the courts will find her eligible.
I disagree. Tulsi Gabbard was born in American Samoa. Unlike other U.S. possessions, like Guam and Puerto Rico, Samoan births do not convey automatic U.S. citizenship. Birth on U.S. soil is part of the definition of natural-born citizenship.
The scholarship on the natural-born citizenship issue is pretty clear and voluminous. An honest court, seeking a decision based on the intent of the Framers, would have to rule Gabbard ineligible.
Given the courts’ prior rulings, if she’s the nominee and a challenge was filed, they would rule Gabbard is a natural-born citizen, not because of her place of birth, but because her parents already were U.S. citizens when she was born.
Proof of eligibility and background information consistent with U.S. government jobs, whether voted-in or non-voted-in, is inversely proportional to the the level of authority. Translated to anyone’s brain: The higher the federal office, the less a candidate is required to prove eligibility and to disclose personal background data.
Proof: try obtaining background data on the putative 44th White mosque occupier and on the current person representing Minnesota’s 5th congressional district.
Bottom Line: Constituents hire their prospective government representatives. It is essential to know their background before ‘hiring’ that candidate.
From Joseph DeMaio:
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Funny you should ask: Tulsi Gabbard is likely not an nbC as contemplated by the Founders, and as discussed here.
Moreover, Vivek Ramaswamy could do the Republic a great service if, now that he is no longer a presidential aspirant, he acknowledged that he was not an nbC; that he agrees that Nikki Haley and Kamala Harris are also constitutionally ineligible; and that for that reason, Harris should resign.
Do not hold your breath on that option, despite the fact that it quickly would solve a lot of problems.
She is INELIGIBLE. She is not a NATURAL BORN citizen. Her mother was American. Her father Samoan. Samoans are not even American citizens. They are considered American NATIONALS with no right to even vote. Sorry Tulsi. Manifestly INELIGIBLE. She is obviously a NATURALIZED AMERICAN citizen since she was a representative in Congress.
Blast From The Past: Is Tulsi Gabbard a Natural Born Citizen? No!: https://cdrkerchner.wordpress.com/2024/02/24/blast-from-the-past-is-tulsi-gabbard-a-natural-born-citizen-no/
From Cort Wrotnowski:
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There is a third principle of natural born citizen I never hear – in solis, meaning “in arms” as in the military. Supposedly, if you are born overseas of military parents, you can be considered natural born. I don’t know if Tulsi’s parents were in the military.
This also leaves another interesting question. If the parents naturalize before your birth, but you are born on foreign soil, if you later naturalize, are you considered natural born then?
In addition to her being constitutionally ineligible to be the VP per the last line of the 12th Amendment of our U.S. Constitution, Tulsi Gabbard is a snake in grass hard core Bernie Sanders type Socialist at heart and is a political chameleon who is now pretending to be an ally of the MAGA movement.
She will stab the movement and Trump in the back when the time is right and doing so at that time to meet her then current political agenda needs. She’s as two-faced as they get. I hope Trump does not let her get too close to his campaign. See: https://www.trevorloudon.com/2022/12/two-faced-tulsi/
Blast From The Past: Is Tulsi Gabbard a Natural Born Citizen? No!: https://cdrkerchner.wordpress.com/2024/02/24/blast-from-the-past-is-tulsi-gabbard-a-natural-born-citizen-no/
Gabbard is also NOT eligible. Persons born in America Samoa are by law “Non-citizen foreign nationals”.
Am. Samoa is not a fully incorporated territory of the USA in any event.
ONLY those born in a fully incorporated territory of the US to two US Citizen Parents or in the US itself, to parents who are both US Citizens can be President or VP.
At this time there is only ONE fully incorporated territory of the USA. That is Palmyra Atol. If one is born there to (2) US Citizen parents then he/she is an NBC.
John McCain although born to two US Parents was NOT born in a fully incorporated territory or the USA. He wasn’t even born in the Panama Canal Zone (which BTW was never a fully incorporated territory of the USA).
McCain was BORN IN COLON, PANAMA. Colon, Panama and Panama City, Panama were EXPRESSLY EXCLUDED by treaty from the parameters of the Panama Canal Zone.
John McCain was naturalized by statute and he was not an NBC.
To Cort Wrotnowski,
McCain was born in Panama to Military Parents both of whom were U.S. Citizens. McCain was NOT an NBC but was naturalized by statute.
It was once the case that offspring of U.S. citizens born overseas would be “considered” NBCs. That was the Nationality Act of 1790. That provision was promptly REPEALED in 1795.
The act of “Considering” someone an NBC based on a Statute does not make the person who is “considered an NBC”, an actual NBC. The provision was unconstitutional on its face.
Not all U.S. Military Parents are U.S. Citizens however. The status foreigners serving in the U.S. Armed Services does not confer citizenship status to those servicemembers. They must apply for naturalization.
“If your parents naturalize before your birth, but you are born on foreign soil, if you later naturalize are you considered natural Born then?”
No. The provision allowing “Considering” those born overseas to U.S. parents was repealed in 1795. Those born to U.S. parents overseas ARE naturalized upon notice of the parents to the US Government.
That the child born overseas to U.S. citizen parents is “later naturalize[d]” does not then make that child an NBC since an NBC MUST be born ON U.S. soil in addition to being born to U.S. citizen parents.
An NBC IS one born in the USA to parents who are BOTH US Citizen themselves.
The circumstances of one’s birth cannot be changed by any future action. A child born overseas, even to U.S. parents is not nor can ever be an NBC.