by Derek McQuade, ©2024
(Oct. 26, 2024) — Article II, Section 1, Clause 5 of the U.S. Constitution specifies the eligibility requirements to be President of the United States (and for Vice President, as prescribed in the 12th Amendment).
The first line of Article II, Section 1, Clause 5 prescribes:
“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.” (Note: “Adoption” is used interchangeably with “Ratification.” March 9, 1789 became the established date for the U.S. to begin operating under the Constitution.)
Important Distinctions on Classifications for U.S. Citizenship:
- The term “U.S. citizen” comprises three subgroupings: “Natural Born,” “Native born,” and Naturalized foreign born.” All are citizens.
- Native-born and Naturalized are commonly understood, but Natural Born is not, despite it being a unique and critical Constitutional qualification for presidential eligibility (as it establishes a singular, undivided citizenship and corresponding allegiance to the United States, free of potential foreign influences). The President and Vice President of the United States are the only two governmental positions that require a Natural Born qualification.
- In a nutshell, a Natural Born U.S. citizen is a person who is born in the U.S. to parents, both of whom are, themselves, U.S. citizens on the day of that person’s birth (Minor v. Happersett, U.S. Supreme Court, 1874). Hence, Natural born citizens are citizens, but not all citizens are Natural born.
Is there such a problem with any candidate currently running for President? Yes, Kamala Devi Harris.
The conflation between Natural Born and Native born eligibility first appeared with the presidential candidacy and election of Barack Obama in 2008. Although born in Hawaii (August 4, 1961), his father was then a citizen of Kenya. Thus Obama was a citizen by birth but not a natural Born citizen, by definition and our Constitution, making him neither eligible nor qualified to become President.
How, then, Did Barack Obama Become President if he was ineligible? There were two main avenues:
- By our Federal Judiciary’s dereliction given their persistent desire to avoid anything to do with reiterating and reaffirming a distinction between Natural Born and native born U.S. citizens, irrespective of its criticality to our electoral system, and;
- Due to this judicial void, our mainstream news media, popular culture, and politicians supporting Obama’s candidacy rushed in to fill it, diligently working to blur any distinction between Natural and native born citizenry. Their overwhelming success in this endeavor resulted in public acquiescence that the two were synonymous, thus allowing Obama to be elected. Yet beyond his presidency, this forcible merger of Natural Born with Native born survives stronger than ever, primarily by news organizations’ continuing the distortion and willful judicial avoidance.
- In recent years, the Republican Party has exacerbated this by permitting a number of its own candidates to run for President in their primaries who were also not Natural Born citizens.
The very same Constitutional Issue exists with Kamala Devi Harris, only doubly so. Although she, too, is a Native-born citizen by virtue of her birth in Oakland, California, she is not a Natural Born citizen, due entirely to the fact that on the day she was born, her father and mother were then citizens of Jamaica and India, respectively. However, she and her supporters have so far gotten away with this glaring ineligibility in the same way Obama did by conflating and obfuscating the constitutional distinction between Natural Born and Native Born citizens.
Inarguably, unlawfully, Kamala Harris is ineligible to be a candidate for President, let alone become President and Commander in Chief. How, then, is it being allowed? By replaying Barack Obama’s deceptions:
- Powerful forces supporting Harris’s ascent (politicians, mainstream media, academia and popular culture) first imposed a fait accompli on the American people that she would replace President Biden as the Democrat presidential candidate. And:
- Simultaneously, the U.S. Constitution’s requirements would again be steadfastly ignored by keeping any distinction between Natural Born and native born as murky and obscure as possible.
- Our Federal judiciary continues to be intractable by dismissing on procedural grounds any and all lawsuits challenging the fact that Harris is not a Natural Born citizen, rather than consider such cases on their merits.
- If adherence to our Constitution is to mean anything above political lip service, all of this MUST change.
Kamala is not Native-born as is contended. Her purported Father was a non-resident Citizen of Jamaica.The only question, other then what is of public knowledge is the Birth Certificate is amended.She may have been adopted or as, on Real America’s Voice, Peter Navarro claimed that she was actually born in Pennsylvania and adopted. Of, “The Constitution of Jamaica”, Chapter II,Section 3C, Kamala was born a Citizen of Jamaica, even though born outside of Jamaica proper. By Law, she was born under Jamaican jurisdiction, not of U.S. jurisdiction, of soil, unless otherwise. Microsoft Word – mso559CE.htm
Obama told Biden he should pick Kamala for his V.P… I believe Obama did this to help protect his ineligible self by having an ineligible V.P. with President Biden. Every ineligible person occupying a position requiring eligibility weakens the requirement for eligibility. Every ineligible person who occupies a position requiring Constitutional eligibility effectively changes the meaning of Natural Born Citizen by ignoring it, and replacing is with a different criteria. This should be prevented by not allowing the person to occupy the position…………
The Supreme Court was neutered because their Chief Justice John Roberts swore-in Obama…several times. Congress, both parties were also neutered because they (all of them) did nothing to stop the race and ineligibility protected Barack Hussein Obama from being given America’s government and her military. For all involved, that is treason at its highest level and to prevent ever being charged with this treason both parties want anyone but Trump as President. This is why Trump is in great danger as all complicit in The Obama Fraud fear Trump might reveal and act on their treason………It is also why there is such an obvious Uniparty…………They protect Obama to protect themselves……both parties….
Bob68: Very good analysis! God help America if Harris and Walz win this year’s election. Talk about Marxists and wanna-be Communists. By the way, there is nothing that indicates Trump was or is a Nazi or a personification of Hitler. Quite to the contrary, idiots (Harris, Walz, and assorted other LIARS and PURVEYORS OF ANTI-SEMITISM AND RACISM), Donald Trump and his family have a long record of friendship with Jews and accomplishments made for them. The two of you, Harris and Walz, should PUT UP OR SHUT UP! In addition, if it were possible to sue you for slander, then may I recommend that someone (Donald Trump and family, the Jewish people and related organizations, et al) do it! It’s about time that LIES AND MISINFORMATION ARE NOT TOLERATED AS A MEANS OF ELECTION FRAUD! Always, throw in the CIA among the defendants! Tom Arnold.
“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.”
I wonder if the “time” phrase is relevant…?
It has always seemed to me to be quite relevant. If the second and third phases of the sentence are read as one, as they clearly should be but for the use of an unnecessary comma, it supposes there is at least for the lifetime of certain candidates a second rank of citizenship, a rank without the additional requirement of two citizen parents. It was only a few decades until such candidates who were mere citizens were no longer living. Modern interpretations of the 14th A, state and federal court decisions and State Department policies have effectively restated that “time” provision.
Some of our liberal and conservative friends harken back to Chester A. Arthur the 21st US President who did not meet Article ll Section 1 Clause 5 of the US Constitution to be US President ! but that fact was only found out after Chester A. Arthur’s death saying Obama wasn’t the first Illegal US President ! According to Google Chester A Arthur was born in Vermont close to the Canadian/US Border and is indeed is a Natural Born US citizen . But it is not Chester A. Arthur place of birth that is in question but the Citizenship of his father that dis qualify Chester A Arthur right to be US President under Article ll ! Three Legged Stool ! Citizenship of Father, mother and place of birth !
Just a nick pick. There a two types of citizens – Natural born Citizens and naturalized citizens. If you’re not the former, you’re the latter – A citizen by man made law
You left out Anchor Baby citizens like Kamala.
Kamala is not even a naturalized citizen under any existing law. She’s a CINO. A bureaucrat created citizen in name only
One can’t be a dual citizen and a Natural Born Citizen because they would have divided loyalties. Natural Born Citizenship was inserted into the constitution to make sure the Presidency was occupied by an individual who loyalties lied only with the United States.
I agree
In 1961, Kenya was still part of the British colonial system. Black residents were considered British subjects but not necessarily British citizens. Of course, this doesn’t change the fact that he was not a U.S. citizen and thus could not convey natural-born status on his son.
All this is predicated on the notion that the foreign-exchange student from Africa was indeed Obama Jr.’s father. A case can be made that the young Barack is the son of a black communist from Chicago. Only people with access to his DNA know for sure. And I am sure there are people with his DNA.
This article should have included two caveats or footnotes:
The putative 44th president of the United States of America, Obama (or whatever his real name is), is truly an undocumented alien. No verifiable or credible documentation exists as to the circumstances of his nativity. The democratic contender for the president of the United States of America for the 2024 general election, Kamala Harris, does not even pass the test for a STATUTORY (by positive man-made legislation) US citizen and she definitely does not pass the test for a natural born Citizen as defined by Vattel. Her parents were here in the USA on a student visa when she was born in Oakland, CA, which meant that they had zero intentions of staying to immigrate. That means that these parents were not subject to the (complete) political jurisdiction thereof as cited by the 14th Amendment and codified under the Selective Service Act of 1966. https://www.sss.gov/wp-content/uploads/2020/11/WhoMustRegisterChart.pdf
A natural born Citizen is a person born in one of the 50 states to two (2) parents who already are US citizens.What does this mean? It means that currently, Harris is a double usurper:
1. US Senate. Usurper? YES – not a US citizen.
2. Vice President of the USA. Usurper? YES – not a natural born Citizen.
Harris, if elected, is destined to become a triple usurper by being allowed to run for the President of the USA/Commander-in-Chief of the USA military.
Read more at: https://naturalborncitizen.us/
Phixer: Very good, spot on, and succinct data points about Kamala Harris’ not even being a U.S. Citizen, let alone trying to claim she is a “natural born Citizen”. It is a total disgrace what our Congress and Judiciary have allowed to happen to the Rule of Law and U.S. Constitution, the supreme law of our nation. And of course, this has all been enabled and orchestrated by the “Operation Mockingbird” deep-state controlled far-left mainstream media.
CDR Kerchner (Ret)
Author: Natural Born Citizen
http://www.kerchner.com/books/naturalborncitizen.htm
http://www.ProtectOurLiberty.org
I might also add there would not be Anchor Babies if not for a US Supreme Court Justice ILLEGALLY adding an Addendum to the Fourteenth Amendment in 1983 creating Anchor Babies . Kamala Harris was born October 20, 1964 Oakland California , US to a Father and Mother who were both Foreign Nationals at the time of her birth ! As we all should know it is the US Legislature that makes Laws and not the US Supreme Court !
Well said. I was arguing with someone earlier tonight and I said the same thing that Kamala Harris is not even a naturalized citizen under any existing law. Her parents were here on temporary student visas. I would say 90 percent of Americans think if you’re born here, you’re a natural born Citizen That was her contention and I couldn’t change her mind. The brain washing is really something to behold and after Barack Hussein Obama, people can’t find any authentic Information if they went and looked for it
Are the following guilty of DISOBEYING OUR CONSTITUTION? Supreme Court Chief Justice John Roberts- YES! Nancy Pelosi in 2008 and all years thereafter- YES! The CIA and its Directors and Higher-Up Officers beginning when “The Company” was founded in 1947 and continuing throughout the years 2008, 2012, 2016, 2020, and 2024- YES! Barack Hussein Obama AKA Barry Soetoro- YES! The “Big Guy,” Joe Biden- YES! Any candidate for president or vice-president whose background makes him/her/it ineligible according to Article 2, Section 1, Clause 5 and knows it- YES! Both political parties often today called the “Uni-party”- YES! I’m beginning to see where all of this is going, I.e. that practically everybody in our government who is a lawyer or has political aspirations is guilty of disregarding one of, if not, the most important parts of our U. S. Constitution. Furthermore, none of these “sworn” officials seems to care! I say that if you don’t like the letter of the law, then you are welcome to try to amend it. Don’t subject yourselves to possibly being guilty without any Statute of Limitations (that means forever!) of TREASON by taking the law into your own hands! Before I conclude this bit of a tirade of mine, I must emphasize, as I have done thousands of times, that Barack Hussein Obama, the CIA and its Directors and highest personnel, and the U. S. Supreme Court in the person of Chief Justice Roberts are always at the top of my list of THOSE WHO DISOBEYED OUR CONSTITUTION, AND DID SO WITH IMPUNITY, AS IF SAYING “IN YOUR FACE” TO THE REST OF US, CONDESCENDINGLY KNOWN AS WE, THE PEOPLE.
Absolutely agree. Funny how government picks and chooses what laws it wishes to follow
If a robin builds a nest in the tiger cage at the zoo, what comes out of the egg?
Place of birth DOES NOT define identiy
Yes, it does.
No, it doesn’t.
Natural born Citizenship is hereditary. I use our national symbol as an example. If two bald eagles mate and lay an egg in an eagle’s nest, what is the natural result? If two brown headed cowbirds mate and lay an egg in an eagle’s nest, what is the natural result? /rhet
The war of 1812 was over the citizenship of sailors on US ships ! The British Crown said those sailors were British Subjects because they or their parents were British Subjects before the Revolutionary War ! To this day there are still people in the UK that think the Unites States is part of the British Crown ! The United States became a Sovereign Nation with the signing of the Declaration of Independence, Articles of Confederation and US Constitution !
Paul.
Question: When Constitutionally-authorized Congress makes laws of naturalization, why does the US Constitution omit giving Congress authority to make laws of natural born Citizen status?
My Answer. Yours may take on a different reasoning:
There is nothing natural about Congress taking positive action to making laws that define and authorize STATUTORY US citizens through naturalization. It truly is human intervention with a positive outcome called a law that also requires a presidential signature.
Further – a natural born Citizen is not a STATUTORY US citizen. A natural born Citizen is the natural result of a person born IN the country (one of the 50 USA states) to two (2) biological parents who already are USA citizens.
No current citizen/naturalization law exists that specifically cites the full phrase “natural born Citizen” – in that order. The only place you will find that three-letter phrase is in the US Constitution, Article II, Section 1, Clause 5.
Thank you,
Phantom_II_Phixer (F-4 autopilot system)
It’s too late now, precedent has been established.
It’s never too late to adhere to the US Constitution.
Precedent can only be established by LEGAL MEANS ! If a person robs a bank and gets away with it is a precedent set?
This is what the liberal all hate, the truth and facts. We should all go with “Our feelings” and not the “Law.” This should have been before the Supreme Court in the past for John McCain who was born in Panama. But the feel good bunch always wants to put off everything. She is not “Natural Born” and never will but the feel good people will continue to push it.