Recent questions concerning Senator Kamala Harris' eligibility to become vice-president have reached national headlines, and has even been raised during President Trump's press conferences. In the end, her eligibility turns on a minority view of the 14th Amendment's Citizenship Clause. This minority view recently came to light in Dean John Eastman's Newsweek article.
As news reports observed, President Trump was recent asked about Harris' eligibility. He noted he was aware of the issue, and suggested the democratic party should have done a better job vetting her. While the matter may be used as a political football for weeks to come, it is matter that should be resolved by an accurate understanding of the Constitution's Birthright citizenship Clause. This is an issue I have debated and written about over the past decade. If any here are interested, the following article addresses the "subject to" language of the Citizenship Clause, which Dean Eastman raised in his Newsweek article. As I have written, the "subject to" language is the basis for those that argue that children of the undocumented are not citizens. This argument is simply misplaced because it is inconsistent with the legislative history of the 14th Amendment, and has not been followed federal courts, including the United States Supreme Court in more than one decision. If interested, here is my article on the matter: https://ecollections.law.fiu.edu/cgi/viewcontent.cgi?article=1352&context=faculty_publications