Congress can't create a natural born citizen. It's beyond the scope of its powers. :-) Correct. Either a Constitutional Amendment must be passed (by two-thirds of Congress AND three-fourths of the States) OR the SCOTUS can "define" NBC as it defined "to keep and bear arms" in DC v. Heller (2008). However, just like with ObamaCare, Congress has still tried to overstep its authority. In fact, they've tried — and failed — nearly 30 times over past 140 years ... like here:
108th CONGRESS
2d Session
S. 2128To define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.
IN THE SENATE OF THE UNITED STATES
February 25, 2004
Mr. NICKLES (for himself, Ms. LANDRIEU, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILLTo define the term `natural born Citizen' as used in the Constitution of the United States to establish eligibility for the Office of President.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Natural Born Citizen Act'.
SEC. 2. DEFINITION OF `NATURAL BORN CITIZEN' .
(a) IN GENERAL- Congress finds and declares that the term `natural born Citizen' in Article II, Section 1, Clause 5 of the Constitution of the United States means--
(1) any person born in the United States and subject to the jurisdiction thereof; and
(2) any person born outside the United States--
(A) who derives citizenship at birth from a United States citizen parent or parents pursuant to an Act of Congress; or
(B) who is adopted by 18 years of age by a United States citizen parent or parents who are otherwise eligible to transmit citizenship to a biological child pursuant to an Act of Congress.
(b) UNITED STATES- In this section, the term `United States', when used in a geographic sense, means the several States of the United States and the District of Columbia.
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