Is Kamala Harris A ‘Natural Born Citizen’ Or A ‘Native Born Citizen’ Under The 12th Amdt.?

By G.W. 08.13.20

It is no secret that Harris wants to be Joe Biden’s vice president. The junior senator from California clearly sees an opening to her real objective: the presidency of the United States.

With Biden surprisingly outlasting the other anti-American socialist candidates, Harris recognizes that Biden’s age and declining cognitive abilities pose a glorious opportunity to resurrect her presidential ambitions. After all, there is an good chance that the bumbling, incoherent Biden might have to resign or be removed in his first term and his V.P. would succeed him. Even if Biden managed to miraculously finish his first term, it is unlikely that he would or could run for a second.

Harris would love to ‘back door’ her way into the presidency, especially given the fact that her vacuous campaign was an unmitigated disaster, and any future presidential ambitions looked to be a virtual impossibility only a few months ago.

But not so fast. Harris is constitutionally ineligible to be VPOTUS (12th Amendment) or POTUS (Article 2). She is not — nor can she ever be — a natural born citizen, the highest standard of citizenship mandated by the Constitution for the president and commander-in-chief. The Founding Fathers wanted a higher standard of citizenship for the POTUS because they did not want any competing allegiances with foreign governments.

Harris was born in Oakland, California on October 20, 1964, to an Indian citizen mother and a Jamaican citizen father. Thus, Harris is a native-born American citizen, or a citizen pursuant to what I refer to as the anchor baby provision of the 14th Amendment.

Harris may be a native-born American citizen by the accident of her birth and in my opinion an erroneous 14th Amendment interpretation, but she is also a citizen of Jamaica.

Under Chapter 2 of the Constitution of Jamaica, a person born in Jamaica after August 5, 1962, or born outside Jamaica after that date to a parent who is a Jamaican citizen, is automatically considered a Jamaican citizen at birth.

Furthermore, under current Jamaican legislation, citizens of Jamaica can hold multiple nationalities. And this status does not prohibit serving in the legislature of Jamaica!

Imagine that: a vice president or president of the United States with concurrent citizenship with another foreign government — a person with clearly divided loyalties and an ability and opportunity to participate in governmental proceedings of another country, travel on another country’s passport, and legally take up residence in that country.

Specifically, Chapter 2 (entitled Citizenship) of the Jamaica Constitution, Section 3C states:

Every person born outside Jamaica shall become a citizen of Jamaica –

  1. on the sixth day of August 1962, in the case of a person born before that date; or
  2. on the date of his/her birth, in the case of a person born on or after the sixth day of August 1962,

if, at that date, his/her father or mother is a citizen of Jamaica by birth, descent, or registration by virtue of marriage to a citizen of Jamaica.”

Harris was born Oct. 20, 1964, and her father was a citizen of Jamaica at the time of her birth. Therefore, the law of Jamaica is clear: Kamala Harris is a citizen of Jamaica, pursuant to Section 3Cb of the Constitution of Jamaica.

And what about citizenship of India? Harris’s mother was a citizen of India and, to the best of my knowledge, never actually became an American citizen. Does Kamala qualify for Indian citizenship, too?

No, she does not. Under Indian law, dual citizenship is not allowed.  However, Indian law does allow persons of Indian origin certain benefits and privileges. A PIO (persons of Indian origin) card may be issued to those holding U.S. passports, who can prove their Indian origin up to three generations before along with spouses of Indian citizens or persons of Indian origin.

Thus, Kamala Harris, United States senator, former candidate for the president of the United States, and current prospective candidate for vice president in the upcoming election, has competing foreign citizenship with the country of Jamaica and preferential status with the country of India.

Now that Harris is picked by Biden, what does that say about the vetting process? Americans will be asked to vote for a ticket that has a foreign citizen candidate — precisely the type of candidate that the Founding Fathers were trying to preclude. What sense does that make? The whole purpose of Article 2 and the natural born citizen requirement is to ensure that the president and commander-in-chief have no foreign influence whatsoever.