Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Frantzie
United States v. Wong Kim Ark, 169 U.S. 649 (1898)

Good summary on that case here: "Natural born citizen" as presidential qualification

.... The current effective federal statute, Title 8, Section 1401 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+8USC1401), first passed by Congress on June 27, 1952 and last amended on October 25, 1994, of the U.S. Code provides details on the circumstances under which persons are legally recognized by the United States to be "nationals and citizens of the United States at birth".

Some legal experts interpret "natural-born citizen" to mean a "citizen at birth." Under one such interpretation, anyone who is duly recognized as a "citizen at birth" persuant to the requirements of Title 8, Section 1401 of the U.S. Code would be considered eligible for the Presidency or Vice-Presidency.

However, this statutory argument is weakened by the following considerations:
Congress probably did not intend to address presidential qualifications in the statute codified at 8 U.S.C. Section 1401, because the law actually passed by Congress does not purport to relate to the "natural born Citizen" qualification for president under Article II; and Even assuming that it was the intent of Congress to define the constitutional qualification "natural born Citizen," an enactment by Congress would be insufficient to change the Constitution.
The U.S. Supreme Court's reasoning in United States v. Won Kim Ark, 169 U.S. 649 (1898)(which held that a person born within the jurisdiction of the U.S. but to noncitizens is thereby automatically a citizen) has been viewed by some legal scholars as indicating that a person born abroad, even to parents of U.S. citizens, does not constitute a "natural born" citizen. Likewise, Weedin v. Chin Bow, 274 U.S. 657, 663 (1927) recites that "under the common law which applied in his country, the children of citizens born abroad were not citizens but were aliens."

But no Supreme Court case has yet squarely addressed what "natural born Citizen" means in the context of Article II, Section 1, clause 5 of the U.S. Constitution. (emphasis added)

The only way for this issue to be conclusively determined would be for the United States Supreme Court to decide this precise question in an actual case. This means that someone who was born abroad, but who held U.S. citizenship from birth through a parent, would have to run for the presidency and be challenged, and then the case would have to make its way to the Supreme Court for a decision.

375 posted on 11/21/2008 11:40:17 AM PST by BP2 (I think, therefore I'm a conservative)
[ Post Reply | Private Reply | To 361 | View Replies ]


To: BP2

Thank you for posting the information on United States v. Wong Kim Ark, 169 U.S. 649 (1898)! Your post was very informative!


426 posted on 11/21/2008 6:37:11 PM PST by Flamenco Lady
[ Post Reply | Private Reply | To 375 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson