Citizen Advocates for Constitutional Principles

Constitutional Gems - # 809 - 03-03-2008

Question

Along the same lines of electing the President, is there a clear path to a decision whether Sen. John McCain is eligible to run for the office in the first place?
question from Don

Let us just address the issue of eligibility for office.

The entire concept of having the "natural born citizen" requirement comes from a fear of foreign agents attempting to gain power in our government. Undivided loyalty was a major concern for the chief executive.

Under the English common-law principle of jus soli anyone born within the boundaries of the state were citizens. In 1350 the British Parliament approved a statute recognizing a rule of jus sanguinis that allowed citizenship to pass from parents to children. In the first naturalization statute Congress stated that children born to citizens would be considered natural born citizens. The term "natural born" was latter dropped. In 1898, United States v. Wong Kim Ark, The Supreme Court declared that any application of jus sanguinis was by statute not by the Constitution. So this left the issue, of if a child born to citizens outside the US is a citizen or not, up to Congress.

Whether or not someone born outside the US is entirely subject to the statutes at the time of the child's birth. But basically, if born to US citizens the child is considered a natural born citizen regardless of where the birth occurs.

Contributed by George Sweeney

Send us your comments about issues in this newsletter.

Do you have a question regarding the Constitution?

This is always a free subscription! We guarantee our subscription list is never shared with any third party. Ever!

Did you miss an issue of Gems. Find it at CACP.info
To unsubscribe click here.

© 2007 - Citizen Advocates for Constitutional Principles, Inc.

To contact webmaster.