1900s edit Frederick van Dyne, the Assistant Solicitor of the. Department of State (19001907) indicated that children of citizens born outside the United States are also considered citizens. In 1904, he published a textbook, citizenship of the United States, in which he wrote: 54 There is no uniform rule of international law covering the subject of citizenship. Every nation determines for itself who shall, and who shall not, be its citizens. By the law of the United States, citizenship depends, generally, on the place of birth; nevertheless the children of citizens, born out of the jurisdiction of the United States, are also citizens. The constitution of the United States, while it recognized citizenship of the United States in prescribing the qualifications of the President, senators, and Representatives, contained no definition of citizenship until the adoption of the 14th Amendment, in 1868; nor did Congress attempt to define.
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In 1875 pierrepont was presented with a query from the proposal secretary of State, hamilton Fish. A young man, named Arthur Steinkauler, 52 had been born in Missouri in 1855, a year after his father was naturalized. When he was four years old, his father returned to germany with him and both had stayed there ever since. The father had relinquished his. Citizenship and the young man was now 20 years old and about to be drafted into the Imperial German army. The question was asked "What was this young man's situation as a native-born American citizen?" After studying the relevant legal authorities, pierrepont wrote: 53 Under the treaty of 1868 with Germany, and in harmony with American doctrine, it is clear that Steinkauler the father abandoned. It is equally clear that the son, by birth, has American nationality, and hence he has two nationalities, one natural, the other acquired. Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of 21, and in due time, if the people elect, he can become President of the United States. I am of opinion that when he reaches the age of 21 years he can then elect whether he will return and take the nationality of his birth, with its duties and privileges, or retain the nationality acquired by the act of his father.
I refer to his opinion metamorphosis for a full and clear statement of the principle, and of the reasons and authorities for its support. Unlike edward Bates,. Secretary of State william learned Marcy was equivocal about whether those born in the country of alien parents and who reside elsewhere are still considered citizens. In 1854 Marcy wrote john. Minister to France: 51 In reply to the inquiry. Whether "the children of foreign parents born in the United States, but brought to the country of which the father is a subject, and continuing to reside within the jurisdiction of their father's country, are entitled to protection as citizens of the United States. There is not, however any United States statute containing a provision upon this subject, nor, so far as i am aware, has there been any judicial decision in regard. Attorney general Edwards pierrepont, however, shared Edward Bates' opinion that those born in the country of alien parents and who reside elsewhere are still considered citizens, and he added that they should be entitled to be president of the United States, if elected.
Italics in original In the course of that opinion, bates commented at some length on the nature of citizenship, and wrote. Our constitution, in speaking of natural born citizens, uses no affirmative language to make them such, but only recognizes and reaffirms the universal principle, common to all nations, and as old as political society, that the people born in a country do constitute the nation. Italics in original In another opinion, dated September 1, 1862, 50 Bates dealt with a question from the secretary of State, of whether a person born in the. To two non-citizens, who is taken with them back to their country, could, years later, re-enter the United States as of right, as. Bates wrote: i am quite clear in the opinion that children born in the United States of alien red parents, who have never been naturalized, are native-born citizens of the United States, and, of course, do not require the formality of naturalization to entitle them. I might sustain this din opinion by a reference to the well-settled principle of the common law of England on this subject; to the writings of many of the earlier and later commentators on our Constitution and laws;. And lastly to the dicta and decisions of many of our national and state tribunals. But all this has been well done by Assistant Vice Chancellor Sandford, in the case of Lynch. Clarke, and I forbear.
He also indicated that those born in the United States to alien parents, even if they reside elsewhere, are still considered natural born. In 1862, secretary of the Treasury salmon. Chase sent a query to Attorney general Edward Bates asking whether or not "colored men" can be citizens of the United States. The question arose because the coast guard had detained a schooner commanded by a free "colored man" who claimed he was a citizen of the United States. If he were. Citizen the boat could be released, but otherwise—the civil War then being fought—it would be confiscated. No information about the man's birth or parentage was provided. Bates responded on november 29, 1862, with a 27-page opinion — considered of such importance that the government published it not only in the official volumes of Attorney-general opinions but also as a separate booklet 49 — concluding, i conclude that the free man.
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Constitution that a member of the european aristocracy might immigrate and attempt to buy his way into power and that it made sense in this light include a provision in the constitution that would exclude immigrants from the presidency. 45 Interpretations of the clause edit naturalization Acts of 17 edit because of the large number of Framers who went on to serve in Congress, laws passed by the early sessions of Congress have often been looked to as evidence of the Framers' intent. The naturalization Act of 1790 stated that "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not. 46 government officials' interpretations edit 1800s rehab edit john Bingham, an American lawyer and politician, held to the belief that natural born should be interpreted as born in the United States. In 1862, in the house of Representatives he stated: The constitution leaves no room for doubt upon this subject.
The words "natural born citizen of the United States" appear in it, and the other provision appears in it that, "Congress shall have power to pass a uniform system of naturalization." to naturalize a person is to admit him to citizenship. Who are natural born citizens but those born within the republic? Those born within the republic, whether black or white, are citizens by birth—natural born citizens. 47 he reiterated his statement in 1866: every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen; but, sir, i may be allowed. Citizenship is his birthright and neither the congress nor the States can justly or lawfully take it from him. 48 Edward Bates also held to the belief that "natural born" should be interpreted as "born in the United States".
33 The sketch provided for an executive "governour" but had no eligibility requirements. 34 At the close of the convention, hamilton conveyed a paper to james Madison he said delineated the constitution that he wished had been proposed by the convention; he had stated its principles during the deliberations. Max Farrand wrote that it "was not submitted to the convention and has no further value than attaches to the personal opinions of Hamilton." 35 Article ix, section 1 of Hamilton's draft constitution provided: "No person shall be eligible to the office of President. 38 While the committee of Detail originally proposed that the President must be merely a citizen, as well as a resident for 21 years, the committee of Eleven changed "citizen" to "natural born citizen and the residency requirement to 14 years, without recorded explanation after. The convention accepted the change without further recorded debate.
39 Constitutionality of the natural-born-citizen clause edit In 2012, Abdul Karim Hassan filed several unsuccessful lawsuits that claimed the Equal Protection Clause of the fourteenth Amendment had superseded the natural-born-citizen clause; he had argued natural-born citizenship was a form of discrimination based on national origin. 40 Proposed constitutional amendments edit more than two dozen proposed constitutional amendments have been introduced in Congress to relax the restriction. 41 Two of the more well known were introduced by representative jonathan Bingham in 1974, with the intent to allow German-born Secretary of State henry kissinger (otherwise fourth in the line of succession ) to become eligible, and the Equal Opportunity to govern Amendment. 41 The bingham amendment would have also made clear the eligibility of those born abroad. Parents, while the hatch one would have allowed those who have been naturalized citizens for twenty years to be eligible. 41 Rationale edit. George tucker, an early federal judge, wrote in his 1803 edition of William Blackstone's Commentaries on the laws of England, perhaps the leading authority for the delegates to the constitutional Convention for the terms used in the constitution, that the natural born citizen clause.
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In 1775, however, Blackstone reversed his opinion and explained that the children "are now deemed to be natural-born subjects" rather than "are now natural-born subjects." 22 Similarly, francis Plowden initially explained that an early English statute made foreign-born children of English parents "in fact and. True native subjects" and that the eighteenth century British statutes made persons natural born subjects by statute law just as others were natural born subjects by the common law. 23 However, after further consideration he also reversed his opinion and concluded in 1785 letter that the statutes did not make the children natural born subjects—rather, there remained a "relict of alienage in them." 24 Prior to Blackstone, edward coke offered a narrower opinion in Calvin's. 25 According to coke: "If any of the king's ambassadors in foreign nations, have children there of their wives, being English women, by the common laws of England they are natural-born subjects, and yet they are born out-of the king's dominions." 26 The term "natural. 27 The English lexicographer Samuel Johnson wrote in 1756 that the word "natural" means "native and that the word "native" may mean either an "inhabitant" or an "offspring". 1789 edit From the declaration of Independence (1776) to the ratification of the constitution (1789 the thirteen states were independent of Britain, and during much of this time the Articles of Confederation tied together the country. The phrase "natural born citizen" was sometimes used during this period. An example occurred in 1784 when the maryland General Assembly conferred citizenship on the (French-born) Marquis de lafayette : be it enacted by the general Assembly of Maryland—that the marquis de lafayette and his heirs male forever shall be and they and each of them. 32 On June 18, 1787, Alexander Hamilton submitted to the convention a sketch of a plan of government.
18 Another use is in the Plantation Act 1740 : 19 All persons born out of the legience of His Majesty, his heirs, or Successors, will who have. Or shall inhabit or reside for. Seven years or more in any of His Majestys colonies in America. Shall be deemed, adjudged, and taken to be his Majestys natural-born subjects of this Kingdom. Jurist William Blackstone wrote in 1765 that "Natural-born subjects are such as are born within the dominions of the crown of England". 15 20 Blackstone added that offspring who are not inhabitants may also be natural born subjects: 20 21 But by several more modern statutes. All children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service.
born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Under Article One, representatives and senators are required to. Citizens, but there is no requirement that they be natural born. 10 11 History edit Antecedents in Britain edit The use of the term "natural born" was not without precedent. An early recorded mention was in Calvin's Case (1608), in terms of birth within the jurisdiction of the sovereignty of the king. 12 Statutes in Britain prior to American independence used the phrase "natural born subject". For example, clause iii of the foreign Protestants Naturalization Act 1708 provided: That the Children of all natural born Subjects born out of the ligeance of Her Majesty her heires and Successors shall be deemed adjudged and taken to be natural born Subjects of this. 17 Subsequently, the British Nationality Act 1730 provided: for the explaining the said recited Clause in the said Act. That all Children born out of the ligeance of the Crown of England, or of Great Britain, or which shall hereafter be born out of such Ligeance, whose fathers were or shall be natural-born Subjects of the Crown of England, or of Great Britain,. Are hereby declared to be natural-born Subjects of the Crown of Great Britain, to all Intents, constructions and Purposes whatsoever.
2 3, every president to date was either taxi a citizen at the adoption of the constitution in 1789 or was born in the United States; of these there have been seven that had at least one parent who was not born. 4 5, the natural-born-citizen clause has been mentioned in passing in several decisions of the, united States Supreme court, and by some lower courts that have addressed eligibility challenges, but the supreme court has never directly addressed the question of a specific presidential or vice-presidential. Many eligibility lawsuits from the 2008, 20 election cycles were dismissed in lower courts due to the challengers' difficulty in showing that they had standing to raise legal objections. Additionally, some experts have suggested that the precise meaning of the natural-born-citizen clause may never be decided by the courts because, in the end, presidential eligibility may be determined to be a non-justiciable political question that can be decided only. Congress rather than by the judicial branch of government. 6 7, contents, constitutional provisions edit, part of the constitutional provision as it appeared in 1787. Section 1 of, article Two of the, united States Constitution sets forth the eligibility requirements for serving as president of the United States, under clause 5 (emphasis added no person except a natural born Citizen, or a citizen of the United States, at the time.
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Status as a natural-born citizen of the, united States is essay one of the eligibility requirements established in the. United States Constitution for holding the office of, president or, vice President. This requirement was intended to protect the nation from foreign influence. Constitution uses but does not define the phrase "natural born Citizen and various opinions have been offered over time regarding its precise meaning. The consensus of early 21st-century constitutional scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. Many scholars have also concluded that those who meet the legal requirements for. Citizenship "at the moment of birth", regardless of place of birth, are also natural-born citizens.