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Is Tulsi Gabbard a Natural Born Citizen? - The Post & Email thepostemail.com/2019/06/28/is-…
Gabbard, along with another Democrat presidential-wannabe, Kamala Harris, must prove that she is eligible as a “natural born Citizen” under Art. 2, § 1, Cl. 5 of the Constitution.
This task arises, because although from all appearances, both of her parents – Carol (née Porter) and Mike Gabbard – were both already U.S citizens on April 12, 1981, Tulsi Gabbard’s birth did not take place within the United States. Rather, it took place in American Samoa.
The Law of Nations, upon which the Founders relied while drafting the Constitution states: in order for one to satisfy the eligibility restriction, not only must the child’s parents be citizens of the nation where the birth occurs, the birth must take place on that nation’s soil.
This is where it gets sticky. While American Samoa is a “territory” of the United States, it is not an “incorporated territory.” This is the same issue that faced Sen. John McCain in 2008, when he faced off against Monsieur Obama as discussed here.
So what does all of this mean for Tulsi Gabbard? It seems to mean the same thing as for Kamala Harris. Until an insouciant Supreme Court finds the backbone to undertake an examination of the “natural born Citizen” issue under Art. 2. § 1, Cl. 5 in a live case or controversy....
....We will need to remain satisfied with watching the Democrat circus stumble forward laboring under the belief that both Harris and Gabbard (and perhaps others) are constitutionally eligible. Both are likely ineligible.
