The Birther Theory Is Back: Is Kamala Harris Disqualified from Being Vice President?

You likely can recall the whole "birther" theory with former President Barack Obama regarding whether or not he was even qualified to be President of the United States.

Well, we've got another instance of this. This time it's regarding Kamala Harris and whether or not she is disqualified from being Vice President based on her birth and her parents' citizenship…or lack thereof.

The circumstance isn't exactly the same as former President Barack Obama's in which it is believed by some that he was born outside the U.S. Instead, the problem comes from Harris' parents not being U.S. citizens at the time of her birth.

The 12th Amendment provides that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” And Article II of the Constitution specifies that “[n]o person except a natural born citizen…shall be eligible to the office of President.” Her father was (and is) a Jamaican national, her mother was from India, and neither was a naturalized U.S. citizen at the time of Harris’ birth in 1964. That, according to these commentators, makes her not a “natural born citizen”—and therefore ineligible for the office of the president and, hence, ineligible for the office of the vice president.

This could play out differently than it did for former President Obama because he at least had a birth certificate to show that he was born in Hawaii. That birth certificate may be fake, but at least he had that going for him.

Harris, on the other hand, doesn't seem to have a leg to stand on because there is no dispute as to whether or not her parents were naturalized citizens at the time of her birth.

There is, however, a possible solution to this problem that may be valid.

Sir William Blackstone, who was an English treatise writer and a man who was accepted by the framers of the Constitution said this about natural-born citizens:

"Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king. …The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such."

Likewise, William Rawle's 1825 treatise on the Constitution said that "every person born within the United States, …whether the parents are citizens or aliens, is a natural-born citizen."

I'm just going to be quite honest, it doesn't matter to me if she's disqualified or not because she and Biden aren't going to win. They don't even stand a chance. On top of that, I think she actually makes it more difficult for him to win.


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