Natural-born-citizen clause

Natural-born-citizen clause. The natural-born-citizen clause is a constitutional requirement stipulating that only a natural-born citizen of the United States is eligible to hold the office of President of the United States. Found in Article Two of the United States Constitution, this provision was established during the Philadelphia Convention of 1787 and reflects the Founders' concerns over foreign influence and divided loyalties. It remains a fundamental, though occasionally contested, criterion for presidential eligibility, distinct from the qualifications for other federal offices like Senator or Representative.

Text and historical context

The clause is embedded within Article Two, Section 1, Clause 5, which states, "No Person except a natural born Citizen... shall be eligible to the Office of President." This language was debated and finalized at the Philadelphia Convention, with prominent figures like John Jay expressing concerns in correspondence to George Washington about preventing foreign princes from gaining high office. The framers, influenced by political philosophy from thinkers like Emer de Vattel, sought to safeguard the new republic from external manipulation following the American Revolutionary War. The concept contrasted with the broader citizenship standard for members of the Congress, as outlined in the earlier Articles of Confederation.

Interpretation and legal debate

There is no explicit definition of "natural born Citizen" within the Constitution of the United States itself, leading to ongoing legal and scholarly interpretation. The Supreme Court has addressed citizenship in cases like United States v. Wong Kim Ark, which affirmed birthright citizenship under the Fourteenth Amendment, and Rogers v. Bellei, which dealt with citizenship transmitted abroad. Legal authorities, including William Blackstone and early American statutes like the Naturalization Act of 1790, have informed understanding. The Congressional Research Service and scholars often conclude it encompasses anyone born on U.S. soil, subject to its jurisdiction, or born abroad to U.S. citizen parents, though debates persist regarding specific circumstances.

Application to presidential candidates

The eligibility of several major-party presidential candidates has been publicly scrutinized under this clause. The campaign of Barack Obama faced persistent questions, often termed "birtherism," regarding his birth in Hawaii, which his campaign addressed by releasing his Certificate of Live Birth. The candidacy of John McCain, born in the Panama Canal Zone to U.S. citizen parents, prompted a Senate resolution affirming his eligibility. Similar debates arose regarding Ted Cruz, born in Calgary to a U.S. citizen mother, and George Romney, who was born in Mexico. The legal standing to challenge eligibility has been limited, as seen in cases like Hollander v. McCain and Ankeny v. Governor of the State of Indiana.

Comparison with other countries

Many nations impose similar native-born requirements for their head of state or government, though the specifics vary widely. The Constitution of Estonia requires the President of Estonia to be a citizen by birth, while the Constitution of the Philippines mandates that the President of the Philippines be a "natural-born citizen." The Basic Law for the Federal Republic of Germany requires the President of Germany to hold German citizenship. In contrast, countries like the United Kingdom have no such birth-based restriction for the office of Prime Minister of the United Kingdom, as evidenced by leaders like Boris Johnson, born in New York City. Other systems, like in France and Italy, also lack this specific barrier for their executives.

Proposed amendments and reform efforts

There have been numerous efforts to alter or repeal the clause through a constitutional amendment, though none have succeeded. Proposals often emerge in response to specific candidates, such as those aimed at enabling Arnold Schwarzenegger, born in Austria, or Henry Kissinger, born in Germany, to run. Organizations like the CATO Institute have published arguments for its reform. Notable congressional proposals include the Equal Opportunity to Govern Amendment, championed by Orrin Hatch, and earlier efforts by Harry Reid. These reform attempts argue the clause is anachronistic in an era of globalized leadership, but they have consistently failed to gain the supermajority support required by Article V.

Category:Article Two of the United States Constitution Category:United States constitutional law Category:United States presidential eligibility