Natural Born Citizen
Clause 5 is today chiefly of [Pg 387]historical interest, all Presidents since, and including Martin Van Buren, except his immediate successor, William Henry Harrison, having been born in the United States subsequently to the Declaration of Independence.
The question, however, has been frequently mooted, whether a child born abroad of American parents is “a natural-born citizen” in the sense of this clause.
The answer depends upon whether the definition of “citizens of the United States” in section I of Amendment XIV is to be given an exclusive or inclusive interpretation.
Corwin.
Why does he mention born to American parents?
By the Civil Rights Act of April 9, 1866 (14 Stat. 27), enacted two years prior to the Fourteenth Amendment,
“All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; *