November 22, 2020

AP FACT CHECK: Harris meets constitutional necessities

CHICAGO False claims that Kamala Harris is just not legally eligible to function U.S. vice chairman or president have been circulating in social media posts since 2019, when she first launched her Democratic major marketing campaign.

As an individual born within the U.S., no less than 35 and a resident for no less than 14 years, she is eligible for the nation’s highest workplace as prescribed within the Structure.

President Donald Trump has elevated the conspiracy principle that Harris is ineligible, citing the declare on Thursday with out weighing in on its validity after which on Saturday refusing to say whether or not he believes the California-born senator does or doesn’t meet the constitutional necessities of the workplace he holds.

I’ve nothing to do with it. I learn one thing about it, Trump mentioned Saturday throughout a information convention. He added: It’s not one thing that bothers me. … It’s not one thing that we are going to be pursuing. Requested level clean if Harris is eligible, Trump replied: I simply advised you. I’ve not bought into it in nice element.”

A take a look at the declare:

THE CLAIM: Harris is ineligible to function vice chairman or president as a result of her mom is from India and her father is from Jamaica. Trump mentioned Thursday that he heard” the California senator doesn’t meet the necessities, including, I’ve no if concept thats proper.

THE FACTS: Thats false. Harris was born on Oct. 20, 1964, in Oakland, California, in accordance with a replica of her beginning certificates, obtained by The Related Press.

Her mom, a most cancers researcher from India, and her father, an economist from Jamaica, met as graduate college students on the College of California, Berkeley.

Since she was born on U.S. soil, she is taken into account a pure born U.S. citizen underneath the 14th Modification, and he or she is eligible to function both the vice chairman or president, Jessica Levinson, a professor at Loyola Regulation Faculty, advised The Related Press on Thursday.

Full cease, finish of story, interval, exclamation level, Levinson mentioned.

There isn’t a critical dispute within the authorized group round the concept that somebody born within the U.S. can function president, mentioned Juliet Sorensen, a legislation professor at Northwestern College.

The VP has the identical eligibility necessities because the president, Sorensen mentioned. Kamala Harris, she must be a natural-born citizen, no less than 35 years outdated, and a resident in america for no less than 14 years. She is. Thats actually the top of the inquiry.

Nonetheless, Newsweek printed an op-ed written by John Eastman, a conservative lawyer who argues that the Structure doesnt grant birthright citizenship. Eastman sowed doubt about Harris eligibility primarily based on her dad and mom immigration standing. After receiving heavy criticism for publishing the piece, Newsweek defended its determination solely to reverse course and apologize.

The false claims first began circulating on social media in 2019, throughout Harris presidential marketing campaign, and so they had been revived towards final week, days forward of her choice as Biden’s working mate. Fb posts falsely mentioned she wouldn’t be eligible to take over for Biden, as a result of her dad and mom had been each immigrants.

I cant consider individuals are making this idiotic remark, Laurence Tribe, a Harvard College professor of constitutional legislation, advised The Related Press on the time. She is a natural-born citizen and there’s no query about her eligibility to run.

Trump was a high-profile pressure behind the so-called birther motion the lie that questioned whether or not President Barack Obama, the nations first Black president, was eligible to serve. Solely after mounting strain throughout his 2016 marketing campaign did Trump disavow the claims.


EDITOR’S NOTE A take a look at the veracity of claims by political figures.


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