Replies

I think that the strict constructionists on the court take the words “All persons born...” extremely literally.

Fine, they are supposed to. But the rest of that is "...are citizens of the United States and of the State wherein they reside.". It says nothing about the "term of art" "natural-born citizen". We've already seen that "citizen at birth" or "born citizen" is not the same as "Natural born", in conjunction with those citizens at birth via statute.

Fine, they are supposed to. But the rest of that is “...are citizens of the United States and of the State wherein they reside.”. It says nothing about the “term of art” “natural-born citizen”. We’ve already seen that “citizen at birth” or “born citizen” is not the same as “Natural born”, in conjunction with those citizens at birth via statute.

If what you say above were true, Obama would not be the president today. Some court at some point in time would have ruled that there is a difference between a born citizen and a natural born citizen. No court has ever made such a ruling. In fact, as you well know, courts have ruled just the opposite, such as your hated Ankeny case on whether Obama was entitled to Indiana’s electoral votes as a natural born citizen. Also, Congress could have passed legislation at some point in time specifically defining the term “natural born citizen”. No law has ever passed and been signed by a president.

Here’s Justice Scalia’s thinking on the subject:
From the oral arguments in Tuan Anh Nguyen v. INS (No. 99-2071):
Justice Scalia: … I mean, isn’t it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England?

They did not want that.

They wanted natural born Americans.

[Ms.]. Davis: Yes, by the same token…

Justice Scalia: That is jus soli, isn’t it?

[Ms.] Davis: By the same token, one could say that the provision would apply now to ensure that Congress can’t apply suspect classifications to keep certain individuals from aspiring to those offices.

Justice Scalia: Well, maybe.

I’m just referring to the meaning of natural born within the Constitution.

I don’t think you’re disagreeing.

It requires jus soli, doesn’t it?
http://www.oyez.org/cases/2000-2009/2000/2000_99_2071/argument