Cameron Miranda
The 'natural-born citizen clause' is a law in the United States Constitution that establishes the eligibility requirements for holding the office of president or vice president. This law states that only a natural-born citizen can become president, and while the Constitution does not define the term, it is generally understood to refer to someone who is a citizen at birth and did not need to go through a naturalization process later in life. This requirement was intended to protect the nation from foreign influence, but it has been criticised as unjust and discriminatory, especially since it puts naturalised citizens at a disadvantage. While some have argued for amending the Constitution to allow foreign-born citizens to be president, others believe that it is not a significant issue and that there are other ways for naturalised citizens to serve the country.
| Characteristics | Values |
|---|---|
| Eligibility | Natural-born citizen of the United States |
| Citizen of the United States at the time of the adoption of the Constitution | |
| Age | At least 35 years old |
| Residency | Resident of the United States for at least 14 years |
| Naturalization | Naturalized citizens are not eligible for the presidency |
| Definition | The U.S. Constitution does not define "natural-born Citizen" |
| Exceptions | Foreign-born persons who immigrated before the Constitution's adoption |
| Children of U.S. citizens born overseas | |
| Citizens by birth who have never acquired another citizenship | |
| Citizens born overseas with Chilean grandparents or parents | |
| Citizens born overseas with Uruguayan parents |
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What You'll Learn
The 'natural-born citizen' clause
The natural-born citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state. However, there is no universally accepted meaning for the term "natural-born". The constitutions of several countries contain such a clause but may define or interpret the term differently.
The United States Constitution states that to be eligible for the office of President or Vice President, one must be a natural-born citizen. The Constitution uses but does not define the phrase "natural-born Citizen", and various opinions have been offered over time regarding its exact meaning. The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. As to those born elsewhere who meet the legal requirements for birthright citizenship, the consensus emerging as of 2016 was that they are also natural-born citizens.
The natural-born citizen clause was intended to protect the nation from foreign influence. St. George Tucker, an early federal judge, wrote in his 1803 edition of William Blackstone's Commentaries on the Laws of England that the clause is:
> "a happy means of security against foreign influence" and that " [t]he admission of foreigners into our councils, consequently, cannot be too much guarded against."
In a footnote, Tucker wrote that naturalized citizens have the same rights as the natural-born except "they are forever incapable of being chosen to the office of president of the United States." Similarly, Justice Story explained that the requirement of being a natural-born citizen:
> "protects the United States from ambitious foreigners, who might otherwise be intriguing for the office; and interposes a barrier against those corrupt interferences of foreign governments in executive elections, which have inflicted the most serious evils upon the elected monarchies of Europe."
The Fourteenth Amendment provides that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” One can still be a citizen while not being a “natural-born citizen” if that person gained citizenship through the process of naturalization. Naturalized citizens have all the same privileges and responsibilities as other U.S. citizens, except for U.S. Presidential eligibility.
A popular myth about the clause suggests that one of the reasons it was written was to disqualify Alexander Hamilton, who was born in the British West Indies, from assuming the office of president. However, Hamilton was eligible for the presidency, as the clause exempted those who had been citizens prior to the Constitution's adoption from its "natural-born" requirement, and he had been made a citizen through the New York State Legislature in 1782. The Naturalization Act of 1790 provided 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..."
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Foreign influence protection
The United States Constitution, in Article II, Section 1, sets out the eligibility requirements for the office of President. Among these requirements is the mandate that a person must be a "natural-born citizen" of the United States to be eligible for the nation's highest elected office. This provision was included by the nation's founders to ensure loyalty and allegiance to the young country and to protect national security by preventing foreign influence over the executive branch.
The term "natural-born citizen" is not defined explicitly in the Constitution, and its interpretation has evolved over time. However, it is generally understood to mean a person who is a US citizen from birth, either by being born in the United States or by being born abroad to parents who are US citizens. This provision distinguishes "natural-born citizens" from those who become citizens through naturalization, a legal process by which non-citizens can obtain citizenship after meeting certain requirements.
The purpose of the "natural-born citizen" requirement is rooted in national security and the desire to protect against foreign influence and divided loyalties at the highest levels of government. By ensuring that the President is a natural-born citizen, the founders sought to mitigate the risk of foreign powers or entities influencing the Commander-in-Chief through allegiance or loyalty to another nation. This safeguard was particularly important in the context of the late 18th century, a time when concerns about foreign interference and loyalty were prevalent.
In modern times, the application of this constitutional requirement has been subject to legal interpretations and discussions. While it remains a firm eligibility criterion, there have been debates and proposed amendments to adapt this requirement to reflect the changing societal landscape, including the increasing number of children born abroad to American parents or those who obtain citizenship through naturalization at a young age.
Protecting against foreign influence and ensuring the President's allegiance to the United States is a critical aspect of national security. The "natural-born citizen" requirement, while open to interpretation and potential evolution, stands as a safeguard against potential conflicts of interest and foreign interference in the Oval Office. This provision underscores the nation's commitment to protecting its democratic institutions and the integrity of its leadership from external influences.
Any changes to this constitutional requirement would involve a rigorous process involving Congress and, potentially, ratification by a significant number of states, reflecting the gravity and long-term impact of such an amendment. In the current political and legal landscape, the "natural-born citizen" clause remains a foundational aspect of presidential eligibility, shaping the leadership landscape of the world's oldest constitutional republic.
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Naturalization vs natural-born citizenship
The eligibility requirements to become the President of the United States include being a natural-born citizen as per the United States Constitution. This requirement was intended to protect the nation from foreign influence. However, the U.S. Constitution does not define the term "natural-born citizen".
A natural-born citizen is someone who acquired citizenship at birth and did not have to go through the naturalization process later in life. The Fourteenth Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States".
Naturalization is the process by which an immigrant can obtain U.S. citizenship. To be eligible for naturalization, an individual must be a lawful permanent resident for at least five years and meet other eligibility requirements. Naturalized citizens have the same privileges and responsibilities as natural-born citizens, except for U.S. Presidential eligibility.
The consensus of early 21st-century constitutional and legal scholars, along with relevant case law, is that natural-born citizens include those born in the United States and those born elsewhere who meet the legal requirements for birthright citizenship. The Naturalization Act of 1790 provided 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". This act is the only one to have used the term "natural-born citizen".
In summary, while the specific definition of a "natural-born citizen" is not expressly defined in the U.S. Constitution, it generally refers to someone who acquires citizenship at birth and has the right to hold the office of President. On the other hand, naturalization is a process by which an individual can obtain U.S. citizenship after birth, but naturalized citizens are not eligible to become the President of the United States.
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Early interpretations of the clause
The Natural-Born Citizen Clause of the U.S. Constitution, which states that "No person except a natural-born citizen...shall be eligible to the Office of President," has been the subject of various interpretations since the early days of the nation. Early interpretations of this clause played a significant role in shaping the understanding of presidential eligibility and the scope of citizenship.
One of the earliest interpretations of the clause was put forward by Alexander Hamilton during the Constitutional Convention. Hamilton argued for a broad interpretation, suggesting that anyone born in the United States, even if their parents were foreign citizens, should be considered a natural-born citizen and eligible for the presidency. This view was shared by other Founding Fathers, including Thomas Jefferson and James Madison, who believed that birthright citizenship was a fundamental principle of the new nation.
In the late 18th and early 19th centuries, the Natural-Born Citizen Clause was interpreted in the context of the early American republic's evolving understanding of citizenship. The First Congress passed the Naturalization Act of 1790, which established the first rules for acquiring citizenship. This act declared 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." This early statute reflected a broad interpretation of the clause, suggesting that citizenship could be acquired through parental citizenship, regardless of the place of birth.
However, in the early 19th century, the issue of presidential eligibility became more contentious, particularly with the emergence of political parties and the increasing diversity of the nation. The Natural-Born Citizen Clause was interpreted more restrictively by some, who argued that it required both birth on U.S. soil and citizenship at the time of birth. This interpretation aimed to ensure that only those with direct and sole allegiance to the United States from birth could hold the nation's highest office.
The eligibility of specific candidates often fueled debates over the interpretation of the clause. For example, in 1804, there were questions raised about the eligibility of Aaron Burr, who had been born in Newark, New Jersey, before the Declaration of Independence, to serve as vice president. Similarly, in 1823, a Senate committee considered the qualifications of Senator William Smith of South Carolina, who had been born in Ireland to American parents, for the presidency. While these cases did not result in definitive rulings, they highlighted the ongoing discussions and evolving interpretations of the Natural-Born Citizen Clause.
Early court cases also touched on the subject, although there was no definitive ruling from the Supreme Court during this period. Lower court decisions, such as the 1855 New York case of Lynch v. Clarke, suggested that citizenship was acquired primarily through birth within the country, rather than solely through parental citizenship. This case involved the citizenship status of a child born in the United States to Irish parents, and the court's decision reflected a narrower interpretation of the Natural-Born Citizen Clause.
In summary, early interpretations of the Natural-Born Citizen Clause varied, reflecting the evolving political and social landscape of the young nation. While some Founding Fathers favored a broad interpretation that emphasized birthright citizenship, others advocated for a more restrictive approach that prioritized sole allegiance to the United States. The eligibility of specific candidates and court cases further fueled the debates, shaping the understanding of presidential eligibility in the early days of the United States.
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Calls for constitutional amendment
The "'natural-born citizen' clause in the United States Constitution states that only native-born citizens are eligible to become the President. This clause was intended to protect the nation from foreign influence and prevent ambitious foreigners from assuming the office of the President. However, there have been calls for a constitutional amendment to allow foreign-born citizens to be eligible for the presidency.
There have been several arguments made in favour of amending the Constitution to allow foreign-born citizens to be eligible for the presidency. One argument is that the "natural-born citizen" clause creates unequal treatment of foreign-born adoptees, who are unable to run for President even if they gained citizenship through adoption as babies or small children. Amending the Constitution is seen as the only way to ensure that these individuals have full citizenship rights, including presidential eligibility. This amendment would be consistent with the equal rights tradition in the US Constitution and would not damage the cohesiveness of constitutional doctrine.
Another argument is that the "natural-born citizen" clause is an assault on the rights of naturalized citizens, who are loyal and have served the country with honour and distinction. Restricting eligibility to natural-born citizens does not provide any additional protection against foreign influence, as there have been cases of treason involving natural-born Americans. The Electoral College is seen as a sufficient safeguard against any potential concerns about a candidate's ability to be fair in dealing with their country of birth.
Furthermore, the exact meaning of "natural-born citizen" has been debated, with various interpretations offered over time. The term is not defined in the Constitution, and the Supreme Court has never ruled precisely on its meaning. Some have argued that it should be interpreted as including citizens by birthright, even if they were born outside the United States. This interpretation is supported by British common law and early acts of Congress, which considered children of citizens born abroad as natural-born citizens.
Despite these arguments, there is also opposition to changing the Constitution. A 2016 CBS News poll found that only 21% of Americans would favour amending the Constitution to allow non-natural-born citizens to become President, while 75% would oppose such a change.
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Frequently asked questions
The law that states that non-US-born citizens cannot be president is the Natural-born citizen clause in Article 2, Section 1, Clause 5 of the United States Constitution.
The clause states that "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President".
A natural-born citizen is a person who became a US citizen at birth and did not need to go through a naturalization proceeding later in life. However, there is no universally accepted meaning of the term.
