Monday, June 21, 2021

Obama, Kamala Harris, Birthright Citizenship and Natural Born Citizen

I received the following email regarding the Constitution Association, et al v. Kamala Devi Harris court case I am a part of, and the answer I provided is pasted below:

Hi Doug, First. let me tell you that I truly love the Constitution days on Patriot Streetfighter Tuesday Nights!! The other day, I mentioned to a friend that B. Obama and K. Harris are illegitimate "presidents" due to Article 2, Section 1...they are not natural born citizens> Everyone is up in arms because of my statement citing the definition from Cornell Univ., the 14th Amendment's naturalization clause and the SCOTUS case US v Wong Kim Ark..."birthright citizenship". How do I reply to these? Thanks SO much!! Looking forward to the rest of your Constitution classes with Scott!! Sincerely, Mike

Subject: Birthright Citizenship and Natural Born Citizenship

Birthright citizenship is the automatic response I usually get to the claim that Obama nor Kamala are eligible.  Even conservatives respond, when they hear about my court case against Kamala Harris, "I thought she was born in the U.S.".

First of all, Birthright Citizenship is about "citizenship", not what it takes to be a natural born citizen.  The two types of citizenship are not the same.  In Article II, Section 1 in the clause in question it reads: "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 for the Office of President"

If Natural Born Citizen and Citizen were one and the same, they would have not needed to make the caveat about citizens at the time of the adoption of the Constitution.  The problem was, with the true definition of Natural Born Citizen being "both parents citizens at the time of the birth of the child", that would mean since the United States became a country in 1776, and the Constitution was being written in 1787, the oldest Natural Born Citizen at the time was eleven years old.  Therefore, since Natural Born Citizen is a step up from citizen, and nobody was old enough, the caveat about being a citizen at the time of the adoption of the Constitution was required.

The final sentence of the 12th Amendment states that the Vice President must meet the same eligibility as the President.

So, first of all the 14th Amendment Citizenship Clause, from which Birthright Citizenship comes from, does not apply because the Citizenship Clause and Birthright Citizenship is all about "citizenship" and not "natural born citizen".

That said, even though the U.S. v. Ark case is used to defend the unconstitutional argument of Birthright Citizenship, the problem is that the ruling, judicial opinion, and political embrace of Birthright Citizenship contradicts the congressional testimony of the authors of the Citizenship Clause.  

On May 30, 1866, Senator Howard, who wrote the Citizenship Clause along with Senator Trumbull, stated in his testimony to Congress (, view his testimony in the center column near the bottom of the page) that the children of aliens or foreigners born in the U.S. would not be included in the definition of being citizens.  In other words, simply being born on American soil is not enough.  It says in the clause "born or naturalized in the United States, and subject to the jurisdiction thereof.  Mr. Trumbull, in testimony on a different day (which I quote in my book, "25 Myths of the United States Constitution") states that subject to the jurisdiction thereof means "full jurisdiction, by which I mean full allegiance".

So, not only is Kamala not a natural born citizen, but even though she was born on American Soil, despite U.S. v. Ark, she is also not an American Citizen since she is the child of foreigners who had no allegiance to the United States at the time of her birth.  They were both visiting on student visas with, at the time, no intention on paper to immigrate or naturalize.

Personally, I believe if we were to follow the law we would not only remove Kamala Harris from office, but deport her to Jamaica.

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