'Kamala Harris was born in the United States and is eligible — in fact, extremely qualified — to be vice president of the United States, and president of the United States. Let’s start there.' (via latimesopinion)
t doesn’t confer citizenship on everyone born in the U.S. That amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
Opponents of birthright citizenship fixate on the phrase “subject to the jurisdiction thereof” and argue that it places substantial limits on who can be a citizen. The usual context in which this quibble is raised is immigration. The argument is that undocumented immigrants aren’t subject to the jurisdiction of the U.S. and thus their children born in this country aren’t citizens. But that argument has been repeatedly rejected by the federal courts.
Eastman’s twist is to suggest that Harris may not be a citizen because her Indian mother and Jamaican father might have been in this country on student visas and thus weren’t subject to the “complete” jurisdiction of the U.S. As he explains it, Harris would “derivatively” share the same status. To put it mildly, this exercise in insinuation isn’t persuasive. In an article that also appears on Newsweek’s website, UCLA law professor
decisively dismantles the argument against Harris’ citizenship, with citations to the framers of the Constitution and the legal thinker William Blackstone.But to dwell on the legal objections to Eastman’s argument is to miss the point that it’s not going anywhere, except maybe into the inbox of Trump opposition-research trolls. Voters will evaluate Biden and Harris on their qualifications, and if they win Harris will be sworn in as vice president.
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