Perhaps the most obvious objection to letting immigrants ascend to the presidency is the fear that they might be less loyal than native-born citizens are. They are natural-born US citizens. They gained it by a enacted law, just as naturalized citizens gain citizenship through law. Especially when you can see someone pouring the lube on them. 35 of course being the age a natural-born citizen has to have to be President. Such statistical correlations – even if valid – would not justify categorically excluding members of those groups from the presidency, and the same point applies to immigrants. You come by it naturally. I would guess 99.9% of the population can understand Trump, even those that hate him. There are plenty of really stupid choices who are natural-born citizens. I think the government should reinstate funding for civics and american government classes in high school. And, again, Hillary’s campaign started Obama birtherism. He was issued the consular Report of Birth Abroad immediately at birth. And if not, would they be stateless, what with South Vietnam no longer being a country? So a rule that whether naturalized or natural-born, you need to have been an American for 35 years, would be a … Rather, the attempt to rewrite the Constitution was more about making him fourth in line for presidential succession. Yeah, I’ll bet Germans wish they had Trump running their COVID response. The issue that many seem to grasp is the fact that naturalization is not some process that ends with someone raising their hand, and becoming a citizen, it's any process that results in Congress making someone a citizen. the article above states that even a child born outside the usa can be considered a natural born citizen. I am an american citizen. Which is sort of the point. While I am no great fan of either Cruz or Harris, neither is ineligible to be president. But, England grants citizenship to all children born of parents who were born in England. The Declaration was signed in 1776, as we know. Never mind the fact that due to the birthright (jus soli) citizenship rule there are tens (perhaps hundreds?) The Media Had 4 Years to Figure Out Trump Voters. This has been challenged a number of times, most notably by Abdul Karim Hassan, who filed challenges to the rule on the grounds that it violated the Fourth, Fifth and Fourteenth Amendments to the Constitution. Court enlargement has occurred a number of times. II, Sect. Yours is non-existent: “I don’t like the clause so let’s get it removed.”. It was taken as a given by most medieval legal systems that one could not hold land in two different kingdoms, as this would mean fealty to two possibly antagonistic monarchs. I was onboard USS Midway for the April 75 evacuation of Saigon. People born to citizen parents, but born out of the US, have ties to their place of birth and are considered "citizens" by law. If you don't understand, then you might say, "Who can be a citizen without any law making them a citizen?" "Born Citizen" of the USA (referenced, established, and rights clarified in the 14th Amendment) refers to a citizen who was born in the USA. A citizen's allegiance is considered to be compromised if they have a parent who is legally tied to another country that might possibly have legal jurisdiction or influence over the child. Our Constitution only has 7 Articles! If you aren’t born into it, it takes years to get US citizenship. “Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. After the War of Independence, the republican constitutional theory conceived of the individual as a Citizen (with a capital "C") and assigned sovereignty to the people (forming the basis of American exceptionalism even today). “have at least as much knowledge of the US and American politics as most serious native-born candidates”. I have seen nothing in my lifetime that has changed that. The concept itself has roots in the Old World, but it also presents pressing questions for the United States today that go far beyond presidential politics and to the very core of the character of our nation. 2) A naturalized citizen is one who depends on an act of law to acquire citizenship. As far as I can tell, natural born citizen just means citizen by circumstances of birth, so I think under Wong you would be a natural born citizen as well. Montana v. Kennedy, a 1961 Supreme Court decision, found that a man born of an American woman by Italian paternity was not a citizen because the laws of the time he was born excluded him. In religious circles it has been said that few are as righteous as a recent convert. I would venture to say that there wasn’t any time in the last 200 years when the average person didn’t understand the 2nd amendment to guarantee an individual right. Good thing we have a First Amendment then. It's also worth noting that the incident illustrates how even a small risk of disqualification under the Clause can influence candidates' calculations. Warships presumably have some sort of territorial status. Birthright citizenship is just that, an inheritance. For children born abroad, the principle that applies is jus sanguinis, or “rule of the blood,” and the rules can get a bit tricky. In fact, over a period of years from 2011 to 2013, Hassan, a Guyanan-born naturalized citizen of the United States, filed no fewer than six lawsuits to overturn the prohibition against naturalized citizens becoming president of the United States. You can, however, be a citizen as regulated by the various laws that Congress regulates. While I would prefer the answer to be "no," I'm afraid that the answer is in fact "yes" and I greatly fear that the Supreme Court would rule "yes" because Obama claims to have been born in a state to an alien father and they will just not want to overturn the results of an election and remove an elected president. I’ve been a native English speaker for over 65 years and I don’t understand it. The founders, framers and ratifiers,of the US Constitution, as well as the colonial in the street, knew perfectly well what a natural born subject was before the American revolution. All people born on American soil are not natural born citizens. Senators James Allen of Alabama and Sam Ervin of North Carolina (you remember Sam Ervin) argued that the result of abolishing the electoral college would be to deprive the South of one of its last defenses against Northern aggression and destroy the Southern way of life. To Trump’s cult of 35% or so, your argument is neither necessary nor sufficient. The term “natural born citizen” is often conflated with birthright citizenship, the latter being a probably erroneous idea that anyone born on United States soil is automatically a citizen and a … Has any would-be presidential candidate been disqualified as a result of spending a brief period, during the preceding 14 years, living outside the United States? Not the Supreme court. 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. Whatever the merits of this concern back in the 1780s, it is hardly a plausible scenario today. The reason for this is that, in the original constitution, a "citizen of the United States" means a citizen of one of the states. The Judiciary Committee at the time consisted of several senators, including Senator Obama and Clinton. By American law, all people born on American soil are considered citizens. All of my family are there and waiting for me to come home, including my daughters. There are good arguments for gradually expanding the number of judges, and splitting up the 9th circuit. There are two different ways in which a natural born citizen can be created. That doesn’t mean nobody does. For  what it is worth, I also defended Cruz's eligibility in 2016. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents.". You’re overlooking the simplest approach, which the democrats learned in 1973 and have perfected into a violent art since then – you only need 5 votes to amend the constitution. If he does such a thing, I am sure he will find himself sitting on the bench of the US Supreme Court, perhaps even as its chief justice. My son was born in 1977 on US soil to his American born father and myself - a British citizen at the time of his birth. At the very least, people may get tired of having to hear about this kind of claptrap every four years. I suggest you either tell us what you’re talking about, and provide evidence of what the claim is, or shut up. Does it apply to everyone born in America, and is there a difference between a “native born” (one naturalized at birth by statute) and a “natural born” (one who does not require any naturalization) citizen? Wouldn’t that get it into federal court? This is the only special privilege that those natural born citizens of the United States hold over those who are naturalized. To anon49779: Where did you find Article 14 Sec 1 of the U.S. Constitution? No, just dropping citizenship as having any measurable meaning other than “I’m a member of the club on this particular day.”. to anon63428: Maybe you should check your facts, the United States Constitution consists of the Declaration of Independence, Seven Articles, and currently 27 Amendments. The fact that a definition of a natural born citizen is missing from the US Constitution wasn't an oversight, or a simple lapse in judgment. Presidential office requires a natural-born citizen if the child was not born to two U.S. citizen parents, which of course is what exempts John McCain though he was born in the Panama Canal. One can argue that immigrants have less knowledge of the country and its customs, and might make worse presidents for that reason. What’s the difference between a Trump fan and a punter? Therein lies the real controversy. Naturalization is the acquisition of citizenship by the operation of an act of law. 1) McCain wasn't born in the Panama Canal Zone on U.S. territory as often claimed. That’s why I narrowed it by adding Biden. But it's a shame that the issue had to be decided on a basis so completely irrelevant to her competence to do those jobs. Unsurprisingly, there is an ideological divide in the United States between those who believe anyone born here is a citizen and those who disagree. Practical considerations were likely in play here: Naturalizing all Scots would have meant a much bigger appetite for authoritarian rule and the Divine Right of Kings. You don’t think that the Heller decision made new constitutional law? The distinction was only granted to both parents some 28 years later in 1934. In addition, they are permitted to run for the positions of president and vice president, while naturalized citizens are excluded from these roles in American government by law. If, of course, Jordan Peterson happened to be an American as opposed to a man of the snow and socialism (though not post-modern). Yep, no reason for a president to be an American, or for that matter speak English, come to think about it the Americans are so evil they ought not be allowed to have a home country.

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