Monday, August 17, 2020

Natural Born Citizen

 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: 

  1. Born on the soil of the country (jus soli) and 
  2. 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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