Please ensure Javascript is enabled for purposes of website accessibility
AP Fact Check: Harris Meets Constitutional Requirements
gvw_ap_news
By Associated Press
Published 4 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

Fresno State Announces 2024 Graduate Deans’ Medalists

DON'T MISS

Yellen Says Threats to Democracy Risk US Economic Growth, an Indirect Jab at Trump

DON'T MISS

New Sea Route for Gaza Aid on Track. Treating Starving Children Is a Priority

DON'T MISS

At Time of Rising Antisemitism, Holocaust Survivors Take on Denial and Hate in New Digital Campaign

DON'T MISS

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

DON'T MISS

Gov. Newsom Appoints Judges for Fresno, Merced Counties

DON'T MISS

Assemblymember Soria Dodges Questions About Defamation Lawsuit

DON'T MISS

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

DON'T MISS

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

DON'T MISS

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

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

At Time of Rising Antisemitism, Holocaust Survivors Take on Denial and Hate in New Digital Campaign

17 hours ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

Local Education /

1 day ago

Gov. Newsom Appoints Judges for Fresno, Merced Counties

1 day ago

Assemblymember Soria Dodges Questions About Defamation Lawsuit

1 day ago

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

1 day ago

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

1 day ago

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

1 day ago

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

1 day ago

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

1 day ago

Fresno Approves Hydrogen Contract for New Buses. How Far is the Filling Station?

1 day ago

Fresno State Announces 2024 Graduate Deans’ Medalists

Fresno State on Friday announced the 2024 Graduate Deans Medalists. The eight schools and colleges at Fresno State, along with the Division ...

15 hours ago

15 hours ago

Fresno State Announces 2024 Graduate Deans’ Medalists

17 hours ago

Yellen Says Threats to Democracy Risk US Economic Growth, an Indirect Jab at Trump

17 hours ago

New Sea Route for Gaza Aid on Track. Treating Starving Children Is a Priority

17 hours ago

At Time of Rising Antisemitism, Holocaust Survivors Take on Denial and Hate in New Digital Campaign

Local Education /
1 day ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

1 day ago

Gov. Newsom Appoints Judges for Fresno, Merced Counties

1 day ago

Assemblymember Soria Dodges Questions About Defamation Lawsuit

1 day ago

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

MENU

CONNECT WITH US

Search

Send this to a friend