I think the arguments based on this article have diverged from the real point.
The question, to me, is who became a natural born citizen via the ratification of the Constitution and who was already a natural born citizen via the Declaration of Independence? Who were the "gap" citizens?
The first seven Presidents were citizens of their respective states on the day the nation was born, making them automatically natural-born when the nation was naturally born. At the founding of the nation, the citizenship of their parents was irrelevant -- all original citizens were, by definition, natural born.
Where I believe your statement that I cited at the top is misguided (and your whole post, frankly) is the notion that "they became citizens" via this clause in the Constitution. They did not. This was an eligibility clause for the presidency, not a grant of citizenship to people in the United States at the time of ratification. All it did was grant people who became citizens in their states between July 5, 1776 and June 21, 1788 an exception to the "natural born citizen" requirement to become President.
Think of it this way: the Constitution has a ban on "ex post facto" laws, meaning that no law can be passed that retroactively puts someone in conflict with it. The "natural born citizen" requirement to become President can be seen as an ex post facto law to anyone who was a first-generation child of immigrants to the United States after July 4, 1776. Therefore, this exception to the "natural born citizen" requirement was necessary to keep it from becoming an ex post facto punishment to recent citizens who were governed under the Articles of Confederation and the constitutions of the several states.
The "natural born citizen" requirement to become President would only be fully operative to people born in the United States after June 21, 1788.
-PJ
Agreed
The question, to me, is who became a natural born citizen via the ratification of the Constitution and who was already a natural born citizen via the Declaration of Independence? Who were the "gap" citizens?
What difference might that have on today's reading of the Const? I do not believe either document altered or influenced the definition of NBC.
At the founding of the nation, the citizenship of their parents was irrelevant -- all original citizens were, by definition, natural born..
With that one could conclude you do not believe NBC requires parent citizens; in effect we are arguing different issues.
Where I believe your statement that I cited at the top is misguided (and your whole post, frankly) is the notion that "they became citizens" via this clause in the Constitution.
You are correct, it was a poor choice of words. It should have read “their citizenship was recognized during the Constitutional Convention.
Think of it this way: the Constitution has a ban on "ex post facto" laws…
Therefore, this exception to the "natural born citizen" requirement was necessary to keep it from becoming an ex post facto punishment to recent citizens who were governed under the Articles of Confederation and the constitutions of the several states.
IMO, not relevant because the latter documents had no laws regarding the creation of a federal presidency. Those earlier citizens had no vested interests, etc.
The "natural born citizen" requirement to become President would only be fully operative to people born in the United States after June 21, 1788.
Agreed (after stripping "fully" and correcting the date to the last day of the Convention.
Now let’s go to perhaps the core of your argument. You state:
At the founding of the nation, the citizenship of their parents was irrelevant –
Bear in mind that we had just concluded a bloody and expensive war with England, that our countryside's were full of subjects yet loyal to the Crown with long family histories, along with that John Jay’s July 25, 1787 letter to G Washington during the Convention warning of the need to avoid foreign influence.
That letter reportedly triggered an expansion of the Art II eligibility clause from “citizen” alone to include the NBC clause.
In your opinion, has parental citizenship of our nation’s Commander-in-Chief ever been relevant?