Our Failed Press: Newsweek

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.

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15 Responses to Our Failed Press: Newsweek

  1. beckymaenot says:

    Wow- I knew they were going to go after her for being a woman- but I really didn’t see birther2.0 coming at all. So- it seems they just don’t have a bottom- they will just keep sinking and stinking. I hate these fucking people. And i especially hate the GOP for furthering this bullshit. Fuck- it’s too goddamned early to want to jump into a bottle.

    Liked by 5 people

  2. It is truly astonishing the contortions there fucking racists shitheels will go to to somehow pretend that the plain words of the 14th amendment somehow don’t mean what they mean.

    It was widely noted AT THE TIME that the ‘subject to the jurisdiction therof’ referred to foreign nationals residing in the US under diplomatic immunity.

    Fuck Newsweak. I know they’ve long been a rightwing rag, but this descends to Fucker Tarleson level.

    Liked by 4 people

  3. What is this “Newsweek” of which you speak? Is it a soothsaying device of magical origins?

    Liked by 2 people

  4. roket says:

    Hm. It appears that Nancy Cooped assumes that your average citizen can’t recognize a dog whistle foghorn when they hear one. That is entirely inaccurate. (Also, stupid.)

    Liked by 1 person

  5. Oneofthebobs says:

    Ted Cruz, on the other hand, is an All American Canadian Cuban boy.

    Liked by 3 people

  6. robginchicago says:

    As someone who has been practicing immigration law since 1977, I can affirm that Tengrain, you got it exactly right. Even if her parents were both here illegally, Kamala Harris is a natural born U.S. citizen, born in California – case closed. That’s why “birth tourism” from China and Russia is very popular.

    Liked by 3 people

  7. spotthedog says:

    Doesn’t matter at all if a false-controversy of Harris’ birth circumstance can be readily and authoritatively pushed back, all they have to do is get it out there.

    Liked by 1 person

  8. Heim says:

    Newsweek seeks irrelevance. Newsweek as an online news aggregator feels recent. I read Google News to try and gage balance. Newsweek gave you three or four looks before the firewall.


  9. Buttermilk Sky says:

    Eastman has been nursing this grudge since 2010, when he ran (unsuccessfully) for the Republican nomination for California AG (when Harris won). The gist of his “argument” is that Donald Harris and Shyamala Gopalan came here on student visas. As long as they didn’t perjure themselves to get visas like Melania Knaus, who cares?


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