Bret explains "natural born citizen" requirements for president and vice president
Posted by Katy Ricalde @ Fox News
Here's the deal...
Many legal analysts and scholars agree with this take-- and until the Supreme Court weighs in.. this is how the law is interpreted:
The Constitution requires that the president be a "natural born citizen," but does not define the term. That job is left to federal law, in 8 U.S. Code, Section 1401. All the law requires is that the mother be an American citizen who has lived in the U.S. for five years or more, at least two of those years after the age of 14. If the mother fits those criteria, the child is a U.S. citizen at birth, regardless of the father's nationality.
The brouhaha over President Obama's birth certificate -- has revealed a widespread ignorance of some of the basics of American citizenship. The Constitution, of course, requires that a president be a "natural born citizen," but the Founding Fathers did not define the term, and it appears few people know what it means.
The law lists several categories of people who are considered American citizens at birth. There are the people born inside the United States; no question there. There are the people who are born outside the United States to parents who are both citizens, provided one of them has lived in the U.S. for any period of time. There are the people who are born outside the United States to one parent who is a U.S. citizen and the other who is a U.S. national (that is, from an outlying possession of the U.S.), provided the citizen parent has lived in the United States or its possessions for at least one year prior to the birth of the child. And then there are the people who are born outside the United States to one parent who is a U.S. citizen and the other who is an alien, provided the citizen parent lived in the United States or its possessions for at least five years, two of them after the age of 14.
They're all natural born U.S. citizens. That also includes people who are born in Puerto Rico and people who were born in states before they became states. Born in Hawaii in 1950, a decade before statehood? You're a natural born U.S. citizen.
That is how legal experts interpret the "natural born" requirement.. and how you get that status is actually pretty open. Until the Supreme Court weighs in on this issue (and there are no plans that we know of that that will happen)... -- to your emails... Senator Marco Rubio and Governor Bobby Jindal are both eligible to run and become Vice President or President.
Note to Katy and Bret: The United States Constitution is not a Dictionary. The Fourteenth Amendment did not amend Article II nor did it change what a "natural born Citizen" is. Nor does it mention "natural born Citizen" in it. Why cite 8 USC § 1401?
Supreme Court Cases that Cite “Natural Born Citizen” as One Born on U.S. Soil to Citizen Parents
- Venus, 12 U.S. 8 Cranch 253 253 (1814)
- Shanks v DuPont, 28 U.S. 3 Pet. 242 242 (1830)
- Dred Scott v Sandford, 60 U.S. 393 (1857)
- Minor v Happersett, 88 U.S. 162 (1875)
- United States v Wong Kim Ark, 169 U.S. 649 (1898)
- Perkins v. Elg, 307 U.S. 325 (1939)
Email Bret's lackey at firstname.lastname@example.org and tell them to educate themselves! http://www.art2superpac.com/issues.html
A Harvard educated attorney and 30-year constitutional scholar explains below what a natural born Citizen is.
Herbert W. Titus is of counsel to the law firm of William J. Olson, P.C. Prior to his association with this firm, Mr. Titus taught constitutional law, common law, and other subjects for nearly 30 years at five different American Bar Association approved law schools. From 1986 to 1993, he served as the founding Dean of the College of Law and Government in Regent University, Virginia Beach, Virginia. Prior to his academic career, he served as a Trial Attorney and a Special Assistant United States Attorney with the United States Department of Justice in Washington, D.C. and Kansas City, Missouri. Today he is engaged in a general practice with a concentration in constitutional strategy, litigation, and appeals.
Mr. Titus holds the J.D. degree (cum laude) from Harvard and the B.S. degree in Political Science from the University of Oregon from which he graduated Phi Beta Kappa. He is an active member of the bar of Virginia and an inactive member of the bar of Oregon. He is admitted to practice before the United States Supreme Court, the United States District Court for the Eastern District of Virginia, the United States Court of Claims, and the United States Courts of Appeals for the Sixth, Seventh, Ninth, Tenth, District of Columbia and Federal Circuits. His constitutional practice has taken him into federal district courts in Alabama, Arizona, Georgia, Montana, North Carolina, Oklahoma, Oregon, Texas, Wyoming, and the District of Columbia and the state courts of Idaho, Texas and North Dakota.
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