Apr 11, 2011 12:04
Apparently no one really knows what a "natural-born" citizen is. The term seems to have been commonly used and understood back when the Constitution was written, but never laid out in writing.
Be that as it may, there are various 'classes' of people who might or might not be 'natural-born citizens'.
People born in territories of the United States, but not states. For example, Barry Goldwater was born in the Arizona territory. No one ever seriously suggested he could not be President for that reason, though.
People born to US citizens on US bases outside the United States. John McCain was so born, and there was some consideration given to whether he could be President, but nothing much came of it.
People born to US citizens outside the United States on ships or airplanes outside the territory of any country. I've never seen anything discussing the status of these people.
People born to US citizens in another country. There is no doubt they are citizens, as Congress has passed laws defining them to be, but whether they are 'natural-born' citizens no one knows.
We do know pretty clearly that people who were not citizens by birth but become citizens later in life are not 'natural-born citizens', because the Constitution makes an exception to the 'natural-born' rule for those born before the United States existed.
Conceivably, someone born to non-citizen parents within the US, and thus a US citizen (by any sane interpretation of the 14th amendment) might not be a 'natural-born citizen'.
A bit bizarrely, Congress has the power to "establish a uniform Rule of Naturalization", which presumably applies to making non-citizens citizens, not to defining 'natural born'. But its unlikely that if Congress were to define what 'natural-born' meant for the purposes of being President or Vice-President, anyone would object.
mccain,
tea party,
obama,
constitution