Foreign born “insert word here” raped a US RIGHT TO LIFE Citizen whose child was born in this country.
Said biological father goes to jail.
Should that child be allowed to be President?
There is your argument.
In this day and age, there are plenty of dead beat dads who skip out on a mother.
Does his sperm mean the child is not a NBC?
Does marriage make a difference? There is plenty of citizenship law that hinges on whether a child’s father and mother were married. SCOTUS has upheld that an unwed father can be treated different than an unwed mother in the 21st century.
there are many questions...
It should have been settled back when our Founding Fathers actually read the bills they were going to pass.
I can’t imagine what a bill would look like that would have to cover all the bases.
Yes, that is one variation. I think the hypothetical is incomplete, and it would be interesting to research how the founders viewed adoption; children born to a woman, fathered by someone other than the husband; and children raised in a house where the father died and the mother remarried.
The general question, IMO, is answered by finding what the founders intended by inserting the qualifier "natural born" only for eligibility to be president. The 14th amendment addresses what it takes to be considered a citizen, but it doesn't mention "natural born" at all.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
It does not say:
1. All persons born in the United States, and subject to the jurisdiction thereof, are natural-born citizens of the United States and of the State wherein they reside; and all persons naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
I think its inescapable that the phrase "natural born" is intended to probe the allegiance passed to the child in upbringing, and is a requirement peculiar to the offices of president and vice-president.