see section d
state department:
http://www.state.gov/documents/organization/86757.pdf
7 FAM 1131.6-2 Eligibility for Presidency
(TL:CON-68; 04-01-1998)
a. It has never been determined definitively by a court whether a person
who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural born
citizen within the meaning of Article II of the Constitution and,
therefore, eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that “No
Person except a natural born Citizen...shall be eligible for the Office of
President;”
c. The Constitution does not define “natural born”. The “Act to establish an
Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat.
103,104) provided that, “...the children of citizens of the United States,
that may be born ... out of the limits of the United States, shall be
considered as natural born citizens: Provided that the right of citizenship
shall not descend to persons whose fathers have never been resident in
the United States.”
U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs
7 FAM 1130 Page 9 of 103
d. This statute is no longer operative, however, and its formula is not
included in modern nationality statutes. In any event, the fact that
someone is a natural born citizen pursuant to a statute does not
necessarily imply that he or she is such a citizen for Constitutional purposes
EXACTLY!!!!!!! Thanks for posting that link.
This is precisely why they ENCOURAGE the gals to go home so that THERE IS NO DOUBT.
Natural born wass removed from the 1795 version precisely to avoid conflicting with the understood meaning in the Constitution regarding presidency eligibility.
And since "natural born citizen" has never been defined to exclude a person who acquired U.S. citizenship by birth abroad to U.S. citizens, a person who fits that description is eligible for the presidency.
The only thing that could stop such a person from becoming president would be a SCOTUS ruling that such people were not constitutionally qualified for the office or Congress would have to pass such a law, which it will not.
However, the SCOTUS is not likely to make such a decision in light of the 14th Amendment and the Equal Protection Clause.
Furthermore, the Senate Resolution that recognized John McCain as a "Natural Born Citizen" even though he was born in Colon, Panama, outside of a US military installation.
So therefore, if you really want to stop persons who were born overseas to American parents from becoming president, you will have to repeal the 14th Amendment.
And that is not going to happen.