As Dog is my waitress, Newsweek is starting Birtherism 2.0: Kamala Harris Edition:
The fact that Senator Kamala Harris has just been named the vice presidential running mate for presumptive Democratic presidential nominee Joe Biden has some questioning her eligibility for the position. The 12th Amendment provides that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” And Article II of the Constitution specifies that “[n]o person except a natural born citizen…shall be eligible to the office of President.” Her father was (and is) a Jamaican national, her mother was from India, and neither was a naturalized U.S. citizen at the time of Harris’ birth in 1964. That, according to these commentators, makes her not a “natural born citizen”—and therefore ineligible for the office of the president and, hence, ineligible for the office of the vice president….
The editor has put a head note on top (today):
Editor’s note: Some readers reacted strongly to this essay, seeing it as an attempt to ignite a racist conspiracy theory. That is entirely inaccurate, as this Note explains.
This Note tells us a lot about Newsweek:
The author of the op-ed, John Eastman, a Ph.D. and longtime law professor/former law school dean who has litigated countless cases at the Supreme Court and previously clerked for Justice Clarence Thomas, is a preeminent constitutional scholar widely associated with the legal argument that the aforementioned Clause does not constitutionally mandate jus soli. (Josh Hammer, Newsweek’s opinion editor, is a published constitutional scholar and former federal court of appeals law clerk who was involved in helping Senator Cruz’s 2016 presidential campaign rebut the erroneous claims that Cruz was ineligible on “natural born Citizen” grounds.)
…and of course it contains lots’a legal opinions about the 14th Amendment and so on. Here’s the deal: Kamala Harris was born in Oakland, in the same hospital as me. She is as American as I am, and Newsweek can try to bullshit their way out of publishing a racist screed by presenting abstract legal theories as a fig leaf, the point remains that they made the decision to publish the bullshit Birtherism Op-Ed.
Legal beagles, have at it in the comments.