“Do you know of any similar opinion or analysis, by Olson, Tribe, or some other scholar, that probes “natural born citizen” in light of a person’s father being a citizen of a foreign land? I’ve been asserting that no such thing was done with Obama”
You may be right on that. I am not aware of any brief. Googling only brings up the ‘birther’ stuff and a few law profs with opinions. eg. Volokh conspiracy is a good place for this.
The thing is, most folks (ie law profs) think it is such a slam-dunk that they feel it would be unnecessary. In other words, The US Senate bothered to examine this for McCain but not Obama, and the implications for Obama are that birthright citizenship by being born in Hawaii makes one eligible, end of story.
It would be nice for federal courts to rule substantively on this. OTOH, I am sure it would be 9-0 for “14th amendment birthright citizens are natural-born citizens” at SCOTUS.
Might be best to let it fester without an answer. The time to take it up is past, and no judge in his or her right mind is going to touch it.
I've noticed that Congress, even though there is H.R. 1503, has avoided direct mention of the question of natural born citizenship in the case one or both parents are not citizens. The bill only requires making certain evidence available, but does not express any sentiment (or even a hint that there is an issue beyond locale of birth) about how that evidence is to be used.
IOW, not only are the courts avoiding the question, so is Congress. Or, when a question is brought up, it's about being born in Hawaii, without any reference whatsoever to parentage.
Probably laying a precedent and groundwork for the eventual ascension to presidency, of a child born in the US, to Mexican citizens. The objective is to eradicate the sense of nationalism, and removing generation-based criteria for leadership facilitates that.
Heh. I make more comments there, than I do here.
Your search - site:volokh.con "natural born" - did not match any documents.
Your search - site:volokh.con "natural-born" - did not match any documents.
Your search - site:volokh.con "natural born" - did not match any documents.
Your search - site:volokh.con "natural-born" - did not match any documents.
Most of the debates revolve around McCain. I'm still perusing, but this, from Blackstone, prompts a question.
The meaning of "natural born." - February 29, 2008
But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.
A child born off of British soil and of a British father is deemed a natural-born British subject. Can that child ALSO be a natural-born US citizen?
Can a person be a natural born citizen of more than one country?