Section 1 of Article II of the Constitution contains the clause:
Additionally, the 12th Amendment to the Constitution states that:
There is currently debate concerning the definition of "natural born citizen." The main focus of this debate is whether or not children born to Americans overseas be considered eligible for the Presidency. Several main candidates have sought the office who were born outside the United States (e.g., George Romney was born in Mexico to U.S. parents, Barry Goldwater was born in Arizona while it was still a U.S. Territory , and John McCain was born in the Panama Canal Zone to U.S. parents). Barry Goldwater's case among these three is unique in that although he was born outside the United States, Arizona was later admitted as a state. None of these candidates was elected, so the issue was never fully addressed.
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.
There is current speculation about whether the two major American political parties will seek to remove the natural-born citizen requirement for the Presidency in the near future, as they both have popular, effective, and/or charismatic governors in the Austria n-born Arnold Schwarzenegger of California on the Republican side, and the Canadian -born Jennifer Granholm of Michigan --often tapped as a potential United States Attorney General in future Democratic administration--on the Democratic side; both won their respective elections in large, diverse states with more than 55% of the vote.
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. Sanford ,'' 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." (The majority opinion in this case was mostly overturned by the 14th Amendment.)
- '' 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.)
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- '' 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.)
- ''; 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).
- '''' 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.
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