Posted on Aug 24, 2024
Republican group cites Dred Scott ruling as reason Kamala Harris can’t be president
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Posted 3 mo ago
Responses: 7
No, they’re going too far. All the people that dislike Kamala Harris.
They are grasping at straws
They are grasping at straws
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The right is always turning the Constitution into supporting whatever they want.
Now, someone tell me how this is not racist.
Now, someone tell me how this is not racist.
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COL Randall C.
I feel the NFRA is wrong in their argument, but despite what the Independent is trying to infer, it wasn't a racist argument.
At first my attitude was "How could anyone except a white supremacist group use an overturned Supreme Court decision that said Slaves weren't citizens. Are they claiming that all Blacks are slaves?" However, since I rarely believe at face value anything a partisan source (regardless of ideology) puts out without looking deeper, I did so.
The argument they made was not related to her race but that she was not a "natural born citizen" because her parents were not citizens at the time of her birth. The reference to Dred Scott v Sandford was one of six cases from the Supreme Court which addressed (whole or in part) 'natural born' or naturalized citizens.
As there are two ways to be a citizen of the United States - by birth or by naturalization - I subscribe to the "Natural Born Citizen" meaning "citizen from birth with no need to go through naturalization proceedings" as two former Solicitor Generals, who served under Presidents GW Bush or Obama, laid out succinctly*. Despite the Supreme Court not having made a definitive judgement on what 'natural born citizen' means, multiple Federal courts also held that view that it means 'citizenship from birth'.
VP Harris has had US citizenship since birth ergo she's a 'natural born citizen'.
Again, the NFRA is wrong-headed in their argument, but calling the argument that "she's not eligible because her parents weren't citizens when she was born" racist is wrong-headed as well.
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* On the Meaning of “Natural Born Citizen” - https://harvardlawreview.org/forum/vol-128/on-the-meaning-of-natural-born-citizen/
At first my attitude was "How could anyone except a white supremacist group use an overturned Supreme Court decision that said Slaves weren't citizens. Are they claiming that all Blacks are slaves?" However, since I rarely believe at face value anything a partisan source (regardless of ideology) puts out without looking deeper, I did so.
The argument they made was not related to her race but that she was not a "natural born citizen" because her parents were not citizens at the time of her birth. The reference to Dred Scott v Sandford was one of six cases from the Supreme Court which addressed (whole or in part) 'natural born' or naturalized citizens.
As there are two ways to be a citizen of the United States - by birth or by naturalization - I subscribe to the "Natural Born Citizen" meaning "citizen from birth with no need to go through naturalization proceedings" as two former Solicitor Generals, who served under Presidents GW Bush or Obama, laid out succinctly*. Despite the Supreme Court not having made a definitive judgement on what 'natural born citizen' means, multiple Federal courts also held that view that it means 'citizenship from birth'.
VP Harris has had US citizenship since birth ergo she's a 'natural born citizen'.
Again, the NFRA is wrong-headed in their argument, but calling the argument that "she's not eligible because her parents weren't citizens when she was born" racist is wrong-headed as well.
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* On the Meaning of “Natural Born Citizen” - https://harvardlawreview.org/forum/vol-128/on-the-meaning-of-natural-born-citizen/
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MSG Stan Hutchison
COL Randall C. - Thank you for the reply. I still see racial prejudice involved here. I have no means to prove it, but I believe if Kamala's parents were white, they would find another reason to challenge her. Just my opinion, based on over 50 years of being married to a lady of color. Racism is much more prevalent than many would think. (another opinion based on my history)
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Maj (Join to see)
I see a little of both. I think the Colonel is correct in that they are trying to use a technicality to throw a wrench in the gears, but that's how much of systemic racism is carried out these days. "Let's find a way that can be veiled in legitimacy to keep a certain group from enjoying the full fruits of being an American."
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Oh good Lord. It's almost like they are getting their direction from the Don
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