https://americanmind.org/essays/scholarly-debate-is-dead/
A little opinion article I published in Newsweek last week raising questions about Senator Kamala Harris’s eligibility for the office of Vice President has created quite a firestorm of controversy. For nearly 20 years—based on extensive scholarly research and long before Senator Harris was tapped to be former Vice President Joe Biden’s running mate—I have been questioning whether the current generally-accepted view of the meaning of the Fourteenth Amendment’s citizenship clause is correct. I have published numerous articles about the subject, both scholarly and popular, asking whether it is right to interpret the amendment as meaning that anyone born on U.S. soil is automatically a citizen no matter the circumstances. I have testified about the matter several times before Congress and state legislative bodies, in a wide range of contexts.
I first raised the issue publicly in a brief that former Attorney General Edwin Meese III and I submitted to the Supreme Court back in 2003 in the case of Yaser Esam Hamdi. Hamdi was an unlawful combatant in the Taliban who was treated as a citizen because he had been born in Baton Rouge, Louisiana while his father was in the United States on a temporary work visa.
I addressed similar or in some cases identical questions about citizenship in general, and natural-born citizenship in particular (and hence, about eligibility for the offices of president and vice-president) when Senator John McCain was a nominee for President, when Governor Mitt Romney was a nominee for President, when Senators Ted Cruz and Marco Rubio were candidates for President, and when Governor Nikki Haley’s name was floated as a possible nominee for Vice President.