Replies

You are correct El Gato. It appears however that the founders chose not to incorporate that qualification, or Marshall, who was on the ratifying committee as the Virginia delegate, would have said so. He was so often the justice who understood the importance of clarifying the law, and one of the clearest authors. I can see why it might have raised questions. The founders adopted natural born citizenship only for the president; they treated the requirement at a protection - not a right. As both Marshall and Waite pointed out, native citizens have every privilege of natural born citizens except presidential eligibility.

Suppose an envoy, a citizen at the ratification, had been in England, where a child was born. For the next fifteen years the child was educated in England, returning to the U.S. in 1812 (perhaps on The Venus). He continued his education and became a presidential candidate twenty years later. Did our founders want to vouch that his formative years in England didn't make him long for the autocratic structure and apparent civility of The Crown?

I believe the definition stated by Marshall was intended. Had the legislature wanted to amend it they would have proposed that. I suspect, from The 1790 Act, that there was sentiment to amend it, but with the vast majority included in the natural born citizen category, why take a chance? Our strongest branch of government was the people's house, because it was the branch closest to citizens. I doubt that the house would have approved an amendment to enable foreign born citizens to hold our highest office. I do understand the sentiment. It would have validated McCain, but certainly not Obama.

You are correct El Gato. It appears however that the founders chose not to incorporate that qualification, or Marshall, who was on the ratifying committee as the Virginia delegate, would have said so.

I'm leery of drawing too many conclusions about what someone did NOT say.

But I guess I missed what he did say, that leads you to believe that section 217 was not included in the definition?

IMHO, they couldn't cover everything, and envoys usually were not posted for all that long, and counted on parental influence to offset most sympathies for the country of their parents posting. Plus the 14 year residency requirement would also tend to offset that earlier "pollution".