Quote from: tekla on January 16, 2012, 02:56:16 AM
The Framers of the US Constitution, in 1787, felt that it was important that the President, in his (originally, or her), role as Commander-in-Chief, have no other allegiances. It was then, and is now, a wise requirement.
It never seemed to bother them much before a brother made it into the White House. Jackson would not have qualified under some of the 'opinions' offered on the topic, nor would have Chester A. Arthur. But since it's never been adjudicated by the Supremes, there is no authoritative ruling to point to.
And I'm not even sure about George Washington, John Adams ,Thomas Jefferson, James Madison, James Monroe and John Quincy Adams - none of whom were born in the United States.
Not true. The Framers of the Constitution considered the question and exempted all those born prior to the ratification, as they were part of the founding generation and had paid for their rights with blood.
Joelene9 quotes the appropriate clause, above
The "natural born citizen" issue has been resurrected several times in the last half century. Was Barry Goldwater a "natural born citizen," having been born in Arizona Territory? Was George Romney eligible, due to his birth in Mexico to American citizen parents? In the recent election, the issue was first raised about John McCain, who was born in the Panama Canal Zone whie his father was stationed there.
To suggest that the issue is ripe because Obama is black, is a misnomer. The issue exists because Obama's father was not a citizen, and passed his British, and later, Kenyan, citizenship to his son. And complicating the issue is Obama's Indonesian citizenship through his step-father, and the possibility Obama claimed foreign student status in college to obtain funding.
You are correct that the original meaning of the NBC clause has never been
directly addressed by the US Supreme Court; however, it has been mentioned more than once.
From Minor v Happersatt:
"The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens."This passage suggests the USSC would have "doubts" about the natural born citizenship of Mr. Obama.
