Trump Encourages Racist Conspiracy Theory About Kamala Harris President Trump said he heard that Ms. Harris, the presumptive Democratic vice-presidential nominee born in California, was not eligible for the ticket, repeating a theory that is rampant among his followers. Constitutional scholars quickly called his words false and irresponsible.
President Trump in effect revisited an old tactic on Thursday: spreading a race-based and anti-immigrant crusade he began nearly a decade ago, when he began sowing distrust in the background of President Barack Obama, who was born in Hawaii.
WASHINGTON — President Trump on Thursday encouraged a racist conspiracy theory that is rampant among some of his followers: that Senator Kamala Harris, the presumptive Democratic vice-presidential nominee born in California, was not eligible for the vice presidency or presidency because her parents were immigrants.Mr. Trump, speaking to reporters on Thursday, nevertheless pushed forward with the attack, reminiscent of the lie he perpetrated for years that President Barack Obama was born in Kenya.
“I heard it today that she doesn’t meet the requirements,” Mr. Trump said of Ms. Harris. “I have no idea if that’s right,” he added. “I would have thought, I would have assumed, that the Democrats would have checked that out before she gets chosen to run for vice president.”
That assertion is false. Ms. Harris is eligible to serve.The article calls Pres. Trump a racist four times before even saying what the issue is. Trump's point doesn't have anything to do with race or immigration. Neither Trump nor anyone else says that Harris's race matters, or that it matters that her parents were immigrants.
The US Constitution requires that she be a natural born citizen, and a legal authority defines that as "those born in the country, of parents who are citizens." Harris's parents were not citizens when she was born.
Mr. Trump, speaking to reporters on Thursday, nevertheless pushed forward with the attack, reminiscent of the lie he perpetrated for years that President Barack Obama was born in Kenya. “I heard it today that she doesn’t meet the requirements,” Mr. Trump said of Ms. Harris.
“I have no idea if that’s right,” he added. “I would have thought, I would have assumed, that the Democrats would have checked that out before she gets chosen to run for vice president.”Trump raised legitimate questions about Obama's birth, and some of those are still unresolved.
But Mr. Trump was in effect revisiting an old tactic: spreading a race-based and anti-immigrant crusade he began nearly a decade ago, when he began sowing distrust in the background of Mr. Obama, who was born in Hawaii.Again, it is not a matter of race or immigration. Obama's father was not a citizen or an immigrant, raising doubt about whether Obama should qualify as a natural born citizen. There were no immigrants or racial issues involved.
Mr. Eastman’s column tries to raise questions about the citizenship of Ms. Harris’s parents at the time of her birth, and argues that she may have “owed her allegiance to a foreign power or powers” if her parents were “temporary visitors” and not residents. Ms. Harris’s parents received doctorate degrees from the University of California, Berkeley, in 1963 and were working as academics when Ms. Harris was born in 1964.
But constitutional law scholars say that the immigration status of Ms. Harris’s parents at the time of her birth is irrelevant because under the Constitution, anyone born in the United States automatically acquires citizenship. The 14th Amendment makes it clear: “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.”That is an argument for Harris being a citizen, but not for her being a natural born citizen.
Newsweek in the meantime defended Mr. Eastman’s column, asserting that it had “nothing to do with racist birtherism.” Experts in constitutional law were still quick to disparage the article as dangerous.Dangerous? If anything, it is dangerous to put someone on the ballot who is unfit to serve.
During the 2016 presidential race, Mr. Trump continuously questioned the citizenship of Senator Ted Cruz of Texas, suggesting that his Canadian roots would be a problem should he win the presidency. Mr. Cruz, who was born in Canada to an American mother and a Cuban father, is a United States citizen.No, Trump did not question his citizenship, but whether Cruz was a natural born citizen. He was born in Canada, and not qualified to be US President. He was born a citizen of Canada.
When Harris was born, she might have been claimed as a citizen of USA, Jamaica, or India. Failure to claim Jamaica or India has left her as a citizen of USA, but not as a natural born citizen.
Another NY Times news article says:
Harry Reid, the former Senate majority leader, said race had been essential to Mr. Biden’s decision. “I think he came to the conclusion that he should pick a Black woman,” Mr. Reid said. “They are our most loyal voters and I think that the Black women of America deserved a Black vice-presidential candidate.”Yes, that obvious, except that she is not even really Black. They only call her Black because she identifies that way, after being the mistress to a prominent Black married politician. The President and VP should be real Americans, not anchor babies. Maybe they should come from families that had been citizens for several generations. The Constitution has some minimal requirements, and Harris falls short.
With all the attention given to Harris, the media are skipping some big issues. What is her religion, if any? Why does she pretend she is Black? What is her history of sexual relationships? Her history of illegal drug use? Why doesn't she have any kids?
Update: I see the other mainstream news media are reciting the same talking points, with AP calling it "a false and racist conspiracy theory". They are not even trying to give an appearance of objectivity.
It has nothing to do with race, and there is no conspiracy, unless the press is conspiring against Trump. It is simply reading the Constitution, and applying long-accepted definitions.
I think that we are getting to the point where following the US Constitution is racist because it was written by straight White men. Also, the concepts of individual rights, liberty, voting, etc. are White concepts that are not necessarily accepted by people of color.
7 comments:
Dr. Eastman is a law professor but calling him an authority is overly generous. His opinion is decidedly outside of the conservative consensus and does not follow legal precedent. I wouldn't worry too much about any ineligibility in her case.
There is no controlling precedent. It is a matter of opinion. I posted a link to a contrary opinion yesterday. My opinion is that we should have a President and VP who are clearly natural born American citizens.
Wong Kim Ark in 1898 quite clearly decided that children born in the U.S. to non-citizen parents are natural born citizens. This accords with the writings of Blackstone and common law tradition.
Vattel's writing doesn't completely agree but the discrepancy can be put down to his European civil codes framework I think.
No, that case only decided that children born in the US to permanent resident parents are citizens. It did not say anything about qualification to be President or VP. Also, we don't know whether Harris's parents were permanent residents. They might have just had student visas.
It decided that, as per the 14th Amendment anyone born in the United States is automatically a citizen, with some minor exceptions. The issue is an entertaining legal hypothetical but the courts have shown zero inclination to accept formulations like Eastman's and have remained true to the decision in Wong Kim Ark.
The advocates of birthright citizenship would like to believe that anyone born in the USA is automatically a citizen. The Supreme Court has never said so. Not in that 1898 opinion, and not in any other opinion.
Regardless, there is a separate question of whether someone born in the USA like Harris is a "natural born citizen" for the purpose of being qualified to be President or VP. Law professors are divided on the issue.
At the time of Harris's birth, she could have been claimed as a citizen of Jamaica, India, or USA. To me, that means that she was not naturally born as a US citizen.
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