The selection of Kamala Harris as Vice President Joe Biden’s running mate in the 2020 election sparked a flurry of discussions, both informed and misinformed. Among the unfounded claims circulating online, a persistent question emerged: will Kamala Harris serve out Joe’s term if he is unable to continue his presidency? This article addresses the swirling misinformation and clarifies the constitutional eligibility of Kamala Harris to assume the presidency, should the need arise.
Concerns, often propagated through social media platforms like Facebook, falsely asserted that Kamala Harris is ineligible to become president due to her parents’ immigrant backgrounds. These claims, sometimes labeled as “racist nonsense” by constitutional law experts, incorrectly apply the term “anchor baby” and misinterpret the requirements for presidential eligibility as defined by the U.S. Constitution.
The crux of the matter lies in the “natural born Citizen” clause of the U.S. Constitution. Article II, Section 1, outlines the qualifications for president, including being at least 35 years old, a resident of the United States for 14 years, and a natural born citizen. The false narratives target Harris’s birthplace and parentage, suggesting that because her mother was from India and her father from Jamaica, she is not a natural born citizen.
However, this is demonstrably false. Kamala Harris was born in Oakland, California, on October 20, 1964. Under the 14th Amendment to the U.S. Constitution, and long-standing legal interpretation, birthright citizenship dictates that anyone born on U.S. soil is a natural born citizen, regardless of their parents’ immigration status. Professor Josh Chafetz, a constitutional law expert at Georgetown University Law Center, explicitly stated that the immigrant status of Harris’s parents is “wholly irrelevant” to her eligibility.
The “anchor baby” term itself is a derogatory and legally inaccurate phrase often used in anti-immigrant rhetoric. It has no bearing on the constitutional definition of a natural born citizen. Furthermore, the 22nd Amendment, which limits presidential terms, is also irrelevant to Harris’s current eligibility to serve should she succeed to the presidency within a term.
Therefore, the answer to the question “will Kamala Harris serve out Joe’s term?” based on her eligibility is unequivocally yes. Should Vice President Harris become president due to unforeseen circumstances, there is no constitutional barrier preventing her from fully assuming and exercising the powers of the presidency. The line of succession is clearly established, and as Vice President, Kamala Harris is next in line after the President. Misinformation campaigns attempting to cast doubt on her eligibility are baseless and serve only to mislead the public.
In conclusion, claims questioning Kamala Harris’s eligibility to serve as president are factually incorrect and legally unsound. Born in Oakland, California, she is a natural born U.S. citizen and fully qualified to hold the office of President of the United States, should she ascend to that role. Understanding the constitutional requirements and dispelling false narratives is crucial for informed civic discourse.
Sources:
- “Biden’s VP Pick: Who is the Front Runner Kamala Harris?” BBC. 11 Aug 2020.
- “Biden Picks Kamala Harris as His Running Mate.” Bloomberg News. 11 Aug 2020.
- Cadelago, Christopher. “Biden picks Kamala Harris as VP nominee.” Politico. 11 Aug 2020.
- Chafetz, Josh. Professor of law, Georgetown University Law Center. Email to FactCheck.org. 11 Aug 2020.
- Detrow, Scott. “Kamala Harris Is Seen As the Clear Front-Runner to Be Joe Biden’s Running Mate.” NPR. 22 Jun 2020.
- Fichera, Angelo. “Meme Uses Deception to Accuse Harris of ‘Lies.’” FactCheck.Org. 5 Jul 2019.
- U.S. Constitution. Article II. Legal Information Institute, Cornell Law School. Accessed 11 Aug 2020.
