Please ensure Javascript is enabled for purposes of website accessibility
AP Fact Check: Harris Meets Constitutional Requirements
gvw_ap_news
By Associated Press
Published 5 years ago on
August 17, 2020

Share

CHICAGO — False claims that Kamala Harris is not legally eligible to serve as U.S. vice president or president have been circulating in social media posts since 2019, when she first launched her Democratic primary campaign.

As a person born in the U.S., at least 35 and a resident for at least 14 years, she is eligible for the nation’s highest office as prescribed in the Constitution.

President Donald Trump has elevated the conspiracy theory that Harris is ineligible, citing the claim on Thursday without weighing in on its validity and then on Saturday refusing to say whether he believes the California-born senator does or doesn’t meet the constitutional requirements of the office he holds.

“I have nothing to do with it. I read something about it,” Trump said Saturday during a news conference. He added: “It’s not something that bothers me. … It’s not something that we will be pursuing.” Asked point blank if Harris is eligible, Trump replied: “I just told you. I have not got into it in great detail.”

A look at the claim:

THE CLAIM: Harris is ineligible to serve as vice president or president because her mother is from India and her father is from Jamaica. Trump said Thursday that he “heard” the California senator doesn’t meet the requirements, adding, “I have no if idea that’s right.”

THE FACTS: That’s false. Harris was born on Oct. 20, 1964, in Oakland, California, according to a copy of her birth certificate, obtained by The Associated Press.

Her mother, a cancer researcher from India, and her father, an economist from Jamaica, met as graduate students at the University of California, Berkeley.

Since she was born on U.S. soil, she is considered a natural born U.S. citizen under the 14th Amendment, and she is eligible to serve as either the vice president or president, Jessica Levinson, a professor at Loyola Law School, told The Associated Press on Thursday.

The False Claims First Started Circulating on Social Media in 2019

“Full stop, end of story, period, exclamation point,” Levinson said.

There is “no serious dispute” in the legal community around the idea that someone born in the U.S. can serve as president, said Juliet Sorensen, a law professor at Northwestern University.

“The VP has the same eligibility requirements as the president,” Sorensen said. “Kamala Harris, she has to be a natural-born citizen, at least 35 years old, and a resident in the United States for at least 14 years. She is. That’s really the end of the inquiry.”

However, Newsweek published an op-ed written by John Eastman, a conservative attorney who argues that the Constitution doesn’t grant birthright citizenship. Eastman sowed doubt about Harris’ eligibility based on her parents’ immigration status. After receiving heavy criticism for publishing the piece, Newsweek defended its decision only to reverse course and apologize.

The false claims first started circulating on social media in 2019, during Harris’ presidential campaign, and they were revived against last week, days ahead of her selection as Biden’s running mate. Facebook posts falsely said she would not be eligible to take over for Biden, because her parents were both immigrants.

“I can’t believe people are making this idiotic comment,” Laurence Tribe, a Harvard University professor of constitutional law, told The Associated Press at the time. “She is a natural-born citizen and there is no question about her eligibility to run.”

Trump was a high-profile force behind the so-called “birther movement” — the lie that questioned whether President Barack Obama, the nation’s first Black president, was eligible to serve. Only after mounting pressure during his 2016 campaign did Trump disavow the claims.

DON'T MISS

Spring Break Prices Hit Record High – These Affordable Destinations Are Trending

DON'T MISS

Then and Now: How Republican Senators Have Shifted Tone on Russia and Ukraine

DON'T MISS

Pope Francis in Critical Condition After Long Respiratory Crisis

DON'T MISS

Musk Gives All Federal Workers 48 Hours to Explain What They Did Last Week

DON'T MISS

Fresno State Suspends 2 Players, Removes Another Amid Gambling Investigation

DON'T MISS

Israel Delays Release of Palestinian Prisoners, Citing ‘Degrading’ Hostage Handovers

DON'T MISS

Officer Killed After Gunman Took Hostages at Pennsylvania Hospital

DON'T MISS

Kash Patel Plans to Move Up to 1,500 Workers Out of Washington

DON'T MISS

Fired Employees Fear Beloved Yosemite National Park Will Lose Its Luster

DON'T MISS

US and Ukraine Nearing Rare Earths Deal That Would Tighten Relationship

UP NEXT

Ex-State Department Official: Israeli Military Gets Preferential Treatment on Abuses

UP NEXT

Sacramento Prosecutor Sues California’s Capital City Over Failure to Clean Up Homeless Encampments

UP NEXT

Sacramento Prosecutor Sues California’s Capital City Over Failure to Clean Up Homeless Encampments

UP NEXT

Trump Arrives in Florida for History-Making Court Appearance in Secret Docs Case

UP NEXT

Trump Arrives in Florida for History-Making Court Appearance in Secret Docs Case

UP NEXT

Pence Testifies Before Election Probe Grand Jury

UP NEXT

House Republicans Pass US Debt Bill, Push Biden on Spending

UP NEXT

Mike Pence Wants Swift Execution of Mass Shooters to Combat Gun Violence

UP NEXT

As Defense Chief, Carter Opened Combat Jobs to Women, Ended Transgender Ban

UP NEXT

Israeli Forces Raid Gunmen’s Hideout in West Bank; 5 Palestinians Killed

Musk Gives All Federal Workers 48 Hours to Explain What They Did Last Week

1 day ago

Fresno State Suspends 2 Players, Removes Another Amid Gambling Investigation

1 day ago

Israel Delays Release of Palestinian Prisoners, Citing ‘Degrading’ Hostage Handovers

1 day ago

Officer Killed After Gunman Took Hostages at Pennsylvania Hospital

1 day ago

Kash Patel Plans to Move Up to 1,500 Workers Out of Washington

2 days ago

Fired Employees Fear Beloved Yosemite National Park Will Lose Its Luster

2 days ago

US and Ukraine Nearing Rare Earths Deal That Would Tighten Relationship

2 days ago

Trump Fires Chairman of the Joint Chiefs of Staff and Two Other Military Officers

2 days ago

Less Is More: 5 Ingredient Dinners Are Easier Than You Think

2 days ago

Trump-Putin Summit Preparations Are Underway, Russia Says

2 days ago

Spring Break Prices Hit Record High – These Affordable Destinations Are Trending

Spring break 2025 is set to be the most expensive on record, with trip budgets up an average of 26%, according to Yahoo Finance. The beach s...

15 hours ago

15 hours ago

Spring Break Prices Hit Record High – These Affordable Destinations Are Trending

18 hours ago

Then and Now: How Republican Senators Have Shifted Tone on Russia and Ukraine

1 day ago

Pope Francis in Critical Condition After Long Respiratory Crisis

1 day ago

Musk Gives All Federal Workers 48 Hours to Explain What They Did Last Week

1 day ago

Fresno State Suspends 2 Players, Removes Another Amid Gambling Investigation

1 day ago

Israel Delays Release of Palestinian Prisoners, Citing ‘Degrading’ Hostage Handovers

1 day ago

Officer Killed After Gunman Took Hostages at Pennsylvania Hospital

2 days ago

Kash Patel Plans to Move Up to 1,500 Workers Out of Washington

Help continue the work that gets you the news that matters most.

Search

Send this to a friend