The question is simple. Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States, under clause 5 (emphasis added):
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
What does the phrase "natural-born citizen" refer to? Only a natural-born citizen can be president or vice-president, but the Constitution does not define the term. The Supreme Court has never directly addressed the question in reference to the eligibility of a specific presidential or vice-presidential candidate.
There are different opinions on this matter, none of which are clearly correct. The basis for questioning "natural-born citizenship" is generally founded on theory that the Founding Fathers used Emerich de Vattel's Law of Nation as a basis for the terminology they employed in the Constitution'. According to Vattel, a natural born citizen differs from naturalized citizens in that the natural born citizen fulfills two necessary conditions:
- Born on the soil of the country (jus soli) and
- Born of at least one parent who is already a citizen (jus sanguinis).
An additional argument has occasionally been used that a candidate may not possess dual citizenship. None of these questions concerning the meaning of the clause have ever been completely settled. This is, strictly speaking, a question of law, not lineage. Posing the question is not a commentary on separate issues (e.g. the question itself is independent of the candidate's race, culture or worldview).
Below is a list of candidates whose eligibility has been questioned on the basis of the Constitution's "natural-born citizen" eligibility clause. As can be seen, this question has been around for well over a century, with no resolution in sight :
Presidential or VP Candidate | Born on US soil? |
Parents capable of passing on birthright citizenship? |
Questioned by |
Chester A. Arthur (1881-1886) |
Canada??? | US mother, Irish father |
Democrat opponents, including attorney Arthur Hinman, argue he was born in Canada and thus ineligible. |
Christopher Schurmann | Yes | German nationals | New York Tribune |
Charles Evans Hughes | Yes | British father made him dual nationality with Britain | Breckinridge Long, one of Woodrow Wilson's campaign workers, Chicago Legal News |
Franklin Delano Roosevelt | Yes | US mother, US Father |
Political opponents backed rumor he was born in Canada. |
George Romney | Mexico | US mother, US Father |
Various |
Barry Goldwater | Arizona territory, not yet a state | US mother, US Father |
Various |
Lowell P. Weicker | France | US Father, British mother born in India | Various |
Marco Rubio | Yes | Neither were naturalized citizens | Alan Keyes, New Jersey lawyer Mario Apuzzo, St. Petersburg Tmes |
Bobby Jindal | Yes | Neither were naturalized citizens |
Charles Kerchner, St. Petersburg Tmes |
Ted Cruz | Canada | American mother, Cuban father |
CBS News, Washington Post, Mary McManamon, Widener U. Delaware Law school. Newsweek, Laurence Tribe (Harvard), Thomas Lee, (Fordham) |
John McCain |
??? (Canal Zone) |
US mother, US Father |
Peter Williams NBC News |
Barack Obama |
??? Hawaii?? |
US Mother, but too young to impart citizenship if birth was not on US soil. |
Hillary Clinton |
Tammy Duckworth |
Thailand |
US father, Thai mother |
Joe Biden |
Kamala Harris | Yes | Neither were naturalized citizens | Newsweek, John Eastman, former Dean of Chapman University, Fowler School of Law |
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