Newsweek
by John C. Eastman , Professor of law, Chapman University and senior fellow, Claremont Institute
August 12, 2020
Excerpt:
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.
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Read more at: https://www.newsweek.com/some-questions-kamala-harris-about-eligibility-opinion-1524483
Three paragraph “editor’s note” added to the Newsweek article after publication:
Editor’s note, 8/14: This op-ed is being used by some as a tool to perpetuate racism and xenophobia. We apologize. The essay, by John Eastman, was intended to explore a minority legal argument about the definition of who is a “natural-born citizen” in the United States. But to many readers, the essay inevitably conveyed the ugly message that Senator Kamala Harris, a woman of color and the child of immigrants, was somehow not truly American.
The op-ed was never intended to spark or to take part in the racist lie of Birtherism, the conspiracy theory aimed at delegitimizing Barack Obama, but we should have recognized the potential, even probability, that that could happen. Readers hold us accountable for all that we publish, as they should; we hold ourselves accountable, too. We entirely failed to anticipate the ways in which the essay would be interpreted, distorted and weaponized.
As we said in our earlier note, this essay was an attempt to examine a legal argument about the difference between “natural born” and “naturalized,” the latter being ineligible to hold the office of president. In the days since the op-ed was published, we saw that it was being shared in forums and social networks notorious for disinformation, conspiracy theories and racist hatred. All of us at Newsweek are horrified that this op-ed gave rise to a wave of vile Birtherism directed at Senator Harris. Many readers have demanded that we retract the essay, but we believe in being transparent and are therefore allowing it to remain online, with this note attached.
Josh Hammer, Opinion Editor
Nancy Cooper, Global Editor in Chief.