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This is a lawsuit against Kamala Harris which declares Harris is Constitutionally inelegible for the office of President.
This differs from the actions against Obama in that the argument against Obama revolved around place of birth whereas this one is that Harris is not a natural born citizen as required by constitution. The arguments for birth right citizenship have to do with place of birth, whereas the Constitutional requirement is that the President be a natural born citizen - which is someone who's parents were both citizens. Harris' parents were students on visa when Harris was born and never became citizens.
Inelegible people would include Senators Marco Rubio and Ted Cruz as well as Barak Obama and Kamala Harris. Someone who was born in, for example, in Germany to US citizens would be elible if the other article II section 1 eligibility requirements were satified - Natural born citizen, 35 years old and a 14 year resident of the United States.
At this time this is my best understanding of the case:
The civil lawsuit was accepted in Southern District Court of California, and Harris failed to respond, which usually means default. After the default time was up, a US Attorney inserted himself into the suit. Their argument appears to be that the US government wasn't named in the suit, that Congress determines eligibilty and that Harris is a citizen under the 14th amendment and therefore eligible.
The counter argument was to this effect: Harris was sued as a citizen, not as a government official - the government has no standing. Harris' parents were not subject to the jurisdiction of the United States (not citizens) but to Jamaica and India and Harris is not a natural born citizen. There was a lot of citing of case law, more than several Supreme Court opinions, and of testimony and congressional discussion of the original authors of the 14th amendment as to the intent of the 14th amendment concerning citizenship. I don't know the legal terms, but the plintiffs requested that the judge boot the government out of the suit.
The US attorney responded by repeating his previous arguments in caps, as if he were shouting.
The plaintiff's response was that the government had no standing and should be removed from the case. That is where is is at at this date and time.
The plaintiffs seem that they would rather go to trial than accept a default so the solid arguments get out and understood rather than being buried in a default.
Here is the website of Douglas V. Gibbs https://politicalpistachio.blogspot.com/ There is a button on the right which links to a single page PDF of the filed complaint.
Obama, Kamala Harris, Birthright Citizenship and Natural Born Citizen https://politicalpistachio.blogspot....irthright.html
Lawsuits from Kamala to Keystone https://politicalpistachio.blogspot....-keystone.html
Constitution Radio: Kamala's Eligibility https://politicalpistachio.blogspot....igibility.html
Who Determines Presidential Eligibility? https://politicalpistachio.blogspot....igibility.html
Beaumont Constitution Class: Natural Born Citizen https://politicalpistachio.blogspot....s-natural.html
This differs from the actions against Obama in that the argument against Obama revolved around place of birth whereas this one is that Harris is not a natural born citizen as required by constitution. The arguments for birth right citizenship have to do with place of birth, whereas the Constitutional requirement is that the President be a natural born citizen - which is someone who's parents were both citizens. Harris' parents were students on visa when Harris was born and never became citizens.
Inelegible people would include Senators Marco Rubio and Ted Cruz as well as Barak Obama and Kamala Harris. Someone who was born in, for example, in Germany to US citizens would be elible if the other article II section 1 eligibility requirements were satified - Natural born citizen, 35 years old and a 14 year resident of the United States.
At this time this is my best understanding of the case:
The civil lawsuit was accepted in Southern District Court of California, and Harris failed to respond, which usually means default. After the default time was up, a US Attorney inserted himself into the suit. Their argument appears to be that the US government wasn't named in the suit, that Congress determines eligibilty and that Harris is a citizen under the 14th amendment and therefore eligible.
The counter argument was to this effect: Harris was sued as a citizen, not as a government official - the government has no standing. Harris' parents were not subject to the jurisdiction of the United States (not citizens) but to Jamaica and India and Harris is not a natural born citizen. There was a lot of citing of case law, more than several Supreme Court opinions, and of testimony and congressional discussion of the original authors of the 14th amendment as to the intent of the 14th amendment concerning citizenship. I don't know the legal terms, but the plintiffs requested that the judge boot the government out of the suit.
The US attorney responded by repeating his previous arguments in caps, as if he were shouting.
The plaintiff's response was that the government had no standing and should be removed from the case. That is where is is at at this date and time.
The plaintiffs seem that they would rather go to trial than accept a default so the solid arguments get out and understood rather than being buried in a default.
Here is the website of Douglas V. Gibbs https://politicalpistachio.blogspot.com/ There is a button on the right which links to a single page PDF of the filed complaint.
Obama, Kamala Harris, Birthright Citizenship and Natural Born Citizen https://politicalpistachio.blogspot....irthright.html
Lawsuits from Kamala to Keystone https://politicalpistachio.blogspot....-keystone.html
Constitution Radio: Kamala's Eligibility https://politicalpistachio.blogspot....igibility.html
Who Determines Presidential Eligibility? https://politicalpistachio.blogspot....igibility.html
Beaumont Constitution Class: Natural Born Citizen https://politicalpistachio.blogspot....s-natural.html
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