Natural born citizen is a term describing a certain kind of citizenship. It is mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States.
Section 1 of Article II of the Constitution contains the clause:
“ | 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. | ” |
Additionally, the 12th Amendment to the Constitution states that: "[N]o person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
The origin of the natural-born citizen clause can be traced to a July 25, 1787, letter from John Jay to George Washington, presiding officer of the Constitutional Convention. John Jay wrote: "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." There was no debate, and this qualification for the office of the Presidency was introduced by the drafting Committee of Eleven, and then adopted without discussion by the Constitutional Convention.
The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first extended citizenship to children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." [1] [2] This was addressed by the U.S. Supreme Court in the Dred Scott case as a form of naturalization. [3] The Dred Scott case, however, was overturned by the Fourteenth Amendment in 1868. The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens by birth under the Fourteenth Amendment. There is some debate over whether other persons with citizenship can also be considered citizens by birth, or whether they should all be considered to be "naturalized". Current US statutes define certain individuals born overseas as "citizens at birth," as opposed to citizens by birth. [4] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States; otherwise, he is a citizen "by law" and is therefore "naturalized." [5] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth." [6]
Others argue that foreign-born children who are "citizens at birth" under the law (on account of having been born to American parents overseas) are "natural born citizens" — citing the 1790 law to show that the early Congress considered such children to be natural born — and, as such, would be eligible for the Presidency. [7] Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas. [8]
Three major candidates have sought the Presidency who were born outside the United States: Barry Goldwater, George Romney and John McCain.
Barry Goldwater, who ran in 1964, was born in Arizona while it was still a U.S. territory. Although Arizona was not a state, it was a fully organized and incorporated territory of the United States, making it debatable whether or not he was born "outside" the United States. [9]
George Romney, who ran in 1968, was born in Mexico to U.S. parents. Romney’s grandfather emigrated to Mexico in 1886 with his three wives and children after Utah outlawed polygamy. Romney's parents retained their U.S. citizenship and returned to the United States in 1912. Romney was 32 years old when he arrived in Michigan.
John McCain, who ran in 2000 and is running in 2008, was born at the US military base Coco Solo in the Panama Canal Zone to U.S. parents. The Panama Canal Zone was under United States sovereignty between 1903 and 1979 but was unincorporated. [10]
Although the U.S. Supreme Court has never specifically addressed the meaning of "natural born citizen," there are several Supreme Court decisions that help define citizenship:
The Supreme Court, through case law, has created a guideline for U.S. citizenship. The following outlines the rulings of the Court:
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Natural born citizen is a term describing a certain kind of citizenship. It is mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States.
Section 1 of Article II of the Constitution contains the clause:
“ | 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. | ” |
Additionally, the 12th Amendment to the Constitution states that: "[N]o person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."
The origin of the natural-born citizen clause can be traced to a July 25, 1787, letter from John Jay to George Washington, presiding officer of the Constitutional Convention. John Jay wrote: "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." There was no debate, and this qualification for the office of the Presidency was introduced by the drafting Committee of Eleven, and then adopted without discussion by the Constitutional Convention.
The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first extended citizenship to children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." [1] [2] This was addressed by the U.S. Supreme Court in the Dred Scott case as a form of naturalization. [3] The Dred Scott case, however, was overturned by the Fourteenth Amendment in 1868. The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens by birth under the Fourteenth Amendment. There is some debate over whether other persons with citizenship can also be considered citizens by birth, or whether they should all be considered to be "naturalized". Current US statutes define certain individuals born overseas as "citizens at birth," as opposed to citizens by birth. [4] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States; otherwise, he is a citizen "by law" and is therefore "naturalized." [5] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth." [6]
Others argue that foreign-born children who are "citizens at birth" under the law (on account of having been born to American parents overseas) are "natural born citizens" — citing the 1790 law to show that the early Congress considered such children to be natural born — and, as such, would be eligible for the Presidency. [7] Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas. [8]
Three major candidates have sought the Presidency who were born outside the United States: Barry Goldwater, George Romney and John McCain.
Barry Goldwater, who ran in 1964, was born in Arizona while it was still a U.S. territory. Although Arizona was not a state, it was a fully organized and incorporated territory of the United States, making it debatable whether or not he was born "outside" the United States. [9]
George Romney, who ran in 1968, was born in Mexico to U.S. parents. Romney’s grandfather emigrated to Mexico in 1886 with his three wives and children after Utah outlawed polygamy. Romney's parents retained their U.S. citizenship and returned to the United States in 1912. Romney was 32 years old when he arrived in Michigan.
John McCain, who ran in 2000 and is running in 2008, was born at the US military base Coco Solo in the Panama Canal Zone to U.S. parents. The Panama Canal Zone was under United States sovereignty between 1903 and 1979 but was unincorporated. [10]
Although the U.S. Supreme Court has never specifically addressed the meaning of "natural born citizen," there are several Supreme Court decisions that help define citizenship:
The Supreme Court, through case law, has created a guideline for U.S. citizenship. The following outlines the rulings of the Court:
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