Kamala Harris eligible? Jonathan Turley says yes quotes flawed CRS report, Natural Born Citizen requirement, Citizen not enough, SCOTUS ruling required
“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor
“When asked where I believe Obama was born I answer, I don’t know. There is zero proof he was born in Hawaii. The only evidence of his birth location that we have is much circumstantial evidence and that points to Kenya.”…Citizen Wells
“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison
Law professor Jonathan Turley posted an article on August 14, 2020 which stated:
“Yes, Kamala Harris Is Eligible For Vice President”
I posted a comment twice which has not yet appeared.
Perhaps it has not yet been approved.
I was able to reply to other comments.
“The NBC controversy is not a black & white issue.
It is most definitely not a racial issue for most Americans.
It should have been settled for good in 2008 by the SCOTUS per Marbury v Madison.
You quoted the CRS report from 2011.
However, that report was clearly flawed & biased.
Consider the following:
From Mr. Turley’s article:
“The media is alight today after the publication of a piece in Newsweek by Chapman University Professor John C. Eastman that raised the question of whether Sen. Kamala Harris is a citizen and eligible to be Vice President. She is. The courts have long recognized that individuals born in the United States are citizens under the Fourteenth Amendment. In fairness to Professor Eastman and Newsweek, this has been a debate that has been raised during prior elections over candidates ranging from Chester Arthur to Barack Obama to John McCain.
Birthright citizenship has been a subject of debate from the time that the 14th Amendment was adopted. There are arguments on both sides of the currently accepted broad interpretation of the language. Many of our closest allies reject the concept of birthright citizenship.”
“Even a Congressional Research Service report from 2011 acknowledged such countervailing theories before concluding,, correctly, that
“The weight of legal and historical authority indicates that the term ‘natural born’ citizen would mean a person who is entitled to U.S. citizenship ‘by birth’ or ‘at birth,’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship ‘at birth.’”
In the first paragraph he states:
“question of whether Sen. Kamala Harris is a citizen and eligible to be Vice President.”
Natural Born Citizen is the constitutional requirement not citizen!
In the last paragraph he quotes the flawed Congressional Research Service report from 2011 .
The following Attorney Leo Donofrio article exposes the NBC propaganda of Jack Maskell in that report:
Another well informed commenter, George, repudiates Jonathan Turley’s position:
“Kamala Harris will NEVER be eligible to be U.S. president or vice president.
Kamala Harris’ parents were foreign citizens at the time of her birth.
– A mere “citizen” could only have been President at the time of the adoption of the Constitution – not after.
– The U.S. Constitution, Article 2, Section 1, Clause 5, requires the President to be a “natural born citizen,” which, by definition in the Law of Nations, requires “parents who are citizens” at the time of birth of the candidate and that he be “…born of a father who is a citizen;…”
– Ben Franklin thanked Charles Dumas for copies of the Law of Nations which “…has been continually in the hands of the members of our Congress, now sitting,…””
I was able to post the following Citizen Wells article under another comment: