User:Hutcher/Natural-born citizen

Natural born citizen is a term describing a certain kind of citizenship. It is mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States.

Constitutional definition

Section 1 of Article II of the Constitution contains the clause:

“ No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. ”

Additionally, the 12th Amendment to the Constitution states that: "[N]o person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

The origin of the natural-born citizen clause can be traced to a July 25, 1787, letter from John Jay to George Washington, presiding officer of the Constitutional Convention. John Jay wrote: "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." There was no debate, and this qualification for the office of the Presidency was introduced by the drafting Committee of Eleven, and then adopted without discussion by the Constitutional Convention.

Legislation and legal arguments

The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first extended citizenship to children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens." This was addressed by the U.S. Supreme Court in the Dred Scott case as a form of naturalization. The Dred Scott case, however, was overturned by the Fourteenth Amendment in 1868. The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "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."

All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens by birth under the Fourteenth Amendment. There is some debate over whether other persons with citizenship can also be considered citizens by birth, or whether they should all be considered to be "naturalized". Current US statutes define certain individuals born overseas as "citizens at birth," as opposed to citizens by birth. One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. According to this view, in order to be a "natural born citizen," a person must be born in the United States; otherwise, he is a citizen "by law" and is therefore "naturalized." Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."

Others argue that foreign-born children who are "citizens at birth" under the law (on account of having been born to American parents overseas) are "natural born citizens" — citing the 1790 law to show that the early Congress considered such children to be natural born — and, as such, would be eligible for the Presidency. Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas.

Presidential Candidates born outside of the United States

Three major candidates have sought the Presidency who were born outside the United States: Barry Goldwater, George Romney and John McCain.

Barry Goldwater, who ran in 1964, was born in Arizona while it was still a U.S. territory. Although Arizona was not a state, it was a fully organized and incorporated territory of the United States, making it debatable whether or not he was born "outside" the United States.

George Romney, who ran in 1968, was born in Mexico to U.S. parents. Romney’s grandfather emigrated to Mexico in 1886 with his three wives and children after Utah outlawed polygamy. Romney's parents retained their U.S. citizenship and returned to the United States in 1912. Romney was 32 years old when he arrived in Michigan.

John McCain, who ran in 2000 and is running in 2008, was born at the US military base Coco Solo in the Panama Canal Zone to U.S. parents. The Panama Canal Zone was under United States sovereignty between 1903 and 1979 but was unincorporated.

Case Law

Although the U.S. Supreme Court has never specifically addressed the meaning of "natural born citizen," there are several Supreme Court decisions that help define citizenship:

• Dred Scott v. Sandford, 60 U.S. 393 (1857): In regard to the "natural born citizen" clause, the dissent states that it is acquired by place of birth (jus soli), not through blood or lineage (jus sanguinis): "The first section of the second article of the Constitution uses the language, 'a natural-born citizen.' It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth." (Much of the majority opinion in this case was overturned by the 14th Amendment in 1868.)
• United States v. Wong Kim Ark, 169 U.S. 649 (1898): A person born within the jurisdiction of the U.S. to non-citizens who "are not employed in any diplomatic or official capacity" is automatically a citizen.
• Weedin v. Chin Bow, 274 U.S. 657 (1927): A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child's birth. (This is still true today, although the specific statutes upon which the Supreme Court's ruling was based have changed since 1927.)
• Perez v. Brownell, 356 U.S. 44 (1958): Although the 14th Amendment sets forth the two principal modes of acquiring citizenship (birth in the U.S. and naturalization), nothing restricts the power of Congress to withdraw citizenship. (This case was overturned by Afroyim v. Rusk.)
• Montana v. Kennedy, 366 U.S. 308 (1961): A person born in 1906, whose mother was a native-born citizen of the United States and whose father was a foreign citizen, who was born overseas and then moved to the United States, was not a citizen of the United States by birth. (Note that the relevant laws have changed considerably since 1906, so this decision does not necessarily apply to later cases.)
• Afroyim v. Rusk, 387 U.S. 253 (1967): The 14th Amendment's provision that "All persons born or naturalized in the United States . . . are citizens of the United States" completely controls the status of citizenship and prevents the involuntary cancellation of citizenship.
• Rogers v. Bellei, 401 U.S. 815 (1971): A person who is born abroad to an American mother shall lose his or her citizenship unless he or she resides in this country for at least five years between the ages of 14 and 28. (This is no longer the case; the statute under which Mr. Bellei lost his citizenship was repealed by Congress in 1978.)
• Vance v. Terrazas, 444 U.S. 252 (1980): Congress has the power to define acts of expatriation (i.e., loss of citizenship). However, intent to relinquish U.S. citizenship must be established specifically by a preponderance of evidence; such an intent may not be inferred automatically as a result of a person's having performed an act which Congress has designated as an expatriating act. However, when "one of the statutory expatriating acts is proved, it is constitutional to presume it to have been a voluntary act until and unless proved otherwise by the actor."
• Miller v. Albright, 523 U.S. 420 (1998): A child born overseas to an American father and a foreign mother (not married) is not a U.S. citizen unless paternity is established before an established age (in this case 21). This case challenged the law on the grounds that U.S. law requires no explicit acknowledgment of parenthood in the case of a foreign-born child to an American mother and a foreign father (not married).
• Nguyen v. INS, 533 U.S. 53 (2001): As in the Miller v. Albright case, the Court holds that a child born overseas to an American father and a foreign mother (not married) is not a U.S. citizen unless paternity is established before an established age (in this case 18). The child was brought to the U.S. before his sixth birthday and raised by his father; however, after a criminal conviction, deportation was ordered but the child claimed U.S. citizenship. His citizenship was denied because paternity had not been established prior to his 18th birthday. The Court upheld the law, once again affirming that Congress has the power to define citizenship outside the citizenship dictated by the 14th Amendment (citizenship by birth).

The Supreme Court, through case law, has created a guideline for U.S. citizenship. The following outlines the rulings of the Court:

• The 14th Amendment completely controls the status of U.S. citizenship and prevents the involuntary cancellation of citizenship.
  • All persons born in the United States are citizens of the United States.
    • This applies to children born to legal and illegal residents.
    • This does not apply to children of foreign citizens employed in any diplomatic or official capacity.
  • Congress has the power to define acts of expatriation (i.e., loss of citizenship).
    • A person must voluntarily relinquish U.S. citizenship.
      • It is constitutional to presume it to have been a voluntary act until and unless proved otherwise by the actor.
      • Congress may revoke citizenship involuntarily if it has been obtained unlawfully.
• Congress has the power to define citizenship outside birth in the U.S.
  • Congress can set different citizenship requirements for children born to American mothers versus American fathers.
  • Congress can require that U.S. citizenship must be established by a certain age for it to be recognized.

See also

• Citizenship
• Nationality
• Native-born citizen
• United States citizenship
• United States nationality law