Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?
The 14th Amendment defines citizenship this way: “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.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.
Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”
Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
“Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time).”
Does not apply to Obama as the law when he was born stated something different. It stated that his US citizen parent had to have resided in the US for a minimum of five years AFTER the age of 14-years. She gave birth at age 18-years. He doesn’t qualify UNLESS he was born in Hawaii. Being born in Kenya puts a whole new twist on this subject.
We haven’t discussed his mom’s attitude in this. According to Obama’s own autobiography, Stanley Ann Dunham Obama Soetoro didn’t consider Americans “her people” and she didn’t like the United States. She lived most of her life in Indonesia and is believed a citizen of that nation per her marriage to Lolo Soetoro. Though she filed for divorce from him in Hawaii, he passed away before it was finalized. So she was one of his widows (he had two wives.)
And keep this in mind - Title 8 of the US Code Sect. 1401 - none of this is part of the US Constitution. There are Constitutional scholars who insist that “natual born citizen” means what it has always been interpreted to mean; born here in the U.S.A.
“The 14th Amendment defines citizenship...”
Nice try. The 14th Amendment does define citizenship but not who is a “natural born citizen”. Gov. Arnold Schwarznegger is a US citizen BUT he is not “natural born” and thus ineligible to be President. Article II of the US Constitution sets those reguirements, not the 14th Amendment (Professor Laurence Tribe, Harvard, and Senator Barack Obama wish otherwise).
Some people have theorized that Senator Obama intends to challenge the Article II intent of the U.S.Constitution and replace it with the 14th Amendment.