“The 5th section of the 2d article provides, “that no person except a natural born citizen,” shall become president. A plain acknowledgment, that a man may become a citizen by birth, and that he may be born such.”
Amy v. Smith, 11 Ky. 326, 340 (Ky. 1822)
“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”
Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)
“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”
William Rawle, A View of the Constitution of the United States, pg. 86 (1829)
“It requires all senators to be thirty years old, and prohibits any but a natural born subject from being president.”
State v. Foreman, 16 Tenn. 256, 335–36 (1835).
I’m not pretending everyone agreed with the quotes above. There are quotes on both sides available from before and after the Constitution was written. I suspect both sides assumed their definition was meant, and that the ‘original intent’ is therefor divided.
In any case, I see no reason to believe that the Supreme Court, over 100 years after WKA, will suddenly rule that both parents must be citizens at the time of birth. If it were to attempt removal of Obama by that slender reed, it would be overturned by Congress - with bipartisan support.
I wonder if WKA ever imagined he'd get so much attention in the 21st century?
While discussing the Obama birth issue a friend asked me if I thought a child born in the U.S. of two parents here illegally could become President one day. The way the laws have been interpreted to this point I would assume yes they could. Amazing but likely true.