The issue seems to be debatable but certainly doesn’t seem to be the open-and-shut case as many think it is. If a U.S. soldier marries overseas and has a child, that child should be a natural-born citizen at birth.
It's actually.....crystal clear.
but certainly doesn’t seem to be the open-and-shut case as many think it is. If a U.S. soldier marries overseas and has a child, that child should be a natural-born citizen at birth.
Why? Just because the father's a soldier?
Not good enough for Constitutional requirements!
The law at the time said that: 1) if he was born here, he is an American citizen; 2) if he was born outside the country, then his parents had to be citizens residing in the United States for at least 5 years after age 14 prior to his birth. His mother did not meet the age requirement to confer citizenship on an international birth, and his alleged father was a Kenyan citizen.
What is open for debate is whether Obama Sr. is his father, as well as where Obama was born. If Obama Sr. was covering for someone else impregnating his mother, then he may very well be a citizen.
The final issue for debate is what constitutes "natural born" citizenship as a Constitutional qualification for President, aside from a general class of citizenship. Writings from the generation of the Founders is mixed on this.
-PJ
What should be .....is a matter of opinion. We probably agree on your view in major substance. What is ...depends on fact. A child born overseas cannot be a natural born citizen of USA since not born In USA ( and often has a foreign second parent too). Child is usually recognized as an American citizen by virtue of statute, however this is American citizenship not natural born American citizenship. Different things with different standards. Difference has little or no practical effect unless kid grows up wanting to run for presidency. 14th amendment did not Intend any change to the NBC standard. , indeed it didn’t even address it at all. 14th amendment spoke to which persons would be considered “ citizens of the United States ...” (Not NBC’s ). And, the 14th looked to congressional implementation by appropriate legislation. The only power congress has over citizenship issues is set forth at Article I section 8 , to “ provide for a uniform rule of Naturalization .” Naturalized citizens are citizens but not NBC’s. I’m aware of no congressional authority to revise NBCitizenship Conclusion: we can often find a lower court somewhere that may rule one way or another But the supreme law of USA is our constitution and thus far there’s been no change in its provision for qualifying for the office of the presidency. At least none that most legal scholars are aware of,... Indeed, I can direct you to several recent proposals or advocacy articles , some by legal or constitutional scholars , recognizing this in arguing that the constitution’s NBC requirement “ should” either be amended or abandoned ( via proper constitutional amendment process). But again, what “should be” is a matter of opinion. And quite candidly I haven’t formed an opinion on this question. Your opinion as to what should be is , of course, entirely privileged. And with that, I’m OUT of here. There are plenty of very well informed Freepers I’m sure who can continue to defend our US Constitution this weekend. I’ve got serious local ( health- related ) other matters that command my attention. But thanks for letting me chat with you. Much appreciated your views. Best regards. .