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Government,
Constitutional Law

Aug. 18, 2020

Senator Kamala Harris is eligible to be vice president

Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harris, who was born in Oakland, is not eligible to be vice president because her parents were not United States citizens at the time of her birth.

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

Senator Kamala Harris is eligible to be vice president
Senator Kamala Harris, Joe Biden's running mate, in Wilmington, Delaware last week. (New York Times News Service)

Last week, Democratic presidential candidate Joe Biden selected California Sen. Kamala Harris as nominee for vice president. Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation -- that Harris, who was born in Oakland, is not eligible to be vice president because her parents were not United States citizens at the time of her birth.

The U.S. Constitution requires that the p...

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