Eleanor Finch
A natural-born citizen is a person who is a citizen of a country by birth and did not need to go through a naturalization process later in life. The natural-born citizen clause is a provision in some constitutions that requires certain officers, usually the head of state, to be natural-born citizens. While the exact definition of a natural-born citizen varies across different constitutions, it generally refers to someone who was born within the country's territory and/or has one or both parents who are citizens of that country. The natural-born citizen clause is often included in constitutions to protect the nation from foreign influence and ensure that the head of state has a strong connection and loyalty to the country they govern. The eligibility requirements for holding office, including the natural-born citizen clause, have been the subject of various lawsuits and political debates, with some arguing that the precise meaning of the term may never be conclusively decided by the courts.
| Characteristics | Values |
|---|---|
| Purpose | To protect the nation from foreign influence |
| Applicability | Eligibility requirement for holding the office of president or vice president |
| Definition | The U.S. Constitution does not define the term |
| Interpretation | Includes those born in the United States, and those born elsewhere who meet legal requirements for birthright citizenship |
| Exceptions | Children born abroad to U.S. citizens are also considered natural-born citizens |
| Age requirement | Over 35 years of age |
| Other requirements | Must have resided in the country for a certain period, e.g., 10 or 14 years |
| Citizenship | Must not have voluntarily acquired another citizenship |
| Parental citizenship | One or both parents must be citizens of the country |
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What You'll Learn
The US Constitution does not define natural-born citizen
The US Constitution does not define the term "natural-born citizen". While the Constitution uses the phrase, it does not provide an explicit definition, and various opinions have been offered over time regarding its exact meaning. The consensus of early 21st-century constitutional and legal scholars, along with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States.
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 and of the State wherein they reside." However, it does not address the issue of presidential eligibility or use the phrase "natural-born citizen". The Supreme Court has also never ruled precisely on the meaning of the term.
The requirement for presidential candidates to be natural-born citizens was intended to protect the nation from foreign influence. While the exact definition is debated, the consensus as of 2016 was that those born elsewhere but who meet the legal requirements for birthright citizenship are also considered natural-born citizens. This interpretation is supported by the fact that the first nine US presidents and the 12th president, Zachary Taylor, were all citizens at the adoption of the Constitution in 1789, with all being born within US territory.
The interpretation of the term "natural-born citizen" has been a topic of discussion in various election cycles, with eligibility lawsuits filed in 2008, 2012, and 2016. These lawsuits often challenged the eligibility of candidates born outside the United States but who were still considered citizens at birth. For example, Senator Ted Cruz, a potential candidate in one of the elections, was born in a Canadian hospital to a US citizen mother. Despite being born outside the US, there is no question that Senator Cruz has been a citizen from birth and is thus a "natural-born Citizen" within the meaning of the Constitution.
The precise meaning of the natural-born citizen clause may never be decided by the courts. Instead, presidential eligibility may ultimately be determined to be a non-justiciable political question that can only be decided by Congress rather than the judicial branch of the government.
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Natural-born citizens include those born in the US
The United States Constitution requires that the President and Vice President be "natural-born citizens", but it does not define the term. The consensus among early 21st-century constitutional and legal scholars, as well as relevant case law, is that natural-born citizens include those born in the US. This interpretation is supported by the Fourteenth Amendment, which states that "all persons 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."
The exact meaning of "natural-born citizen" has been the subject of debate and legal challenges, particularly in the context of presidential eligibility. For example, there were claims during the 2008 presidential election that Barack Obama, who was born in Hawaii to a US citizen mother and a Kenyan father, was not a natural-born citizen. Similarly, questions were raised about the eligibility of Senator John McCain, who was born on a US military base in the Panama Canal Zone to a US citizen parent.
The interpretation of "natural-born citizen" has evolved over time and is informed by historical context and legal precedent. For instance, the British practice in the 1700s recognised children born abroad to subjects of the Crown as "natural-born subjects". This tradition would have been familiar to the Framers of the US Constitution, who may have been influenced by these statutes. Additionally, the Naturalization Act of 1790 and court cases such as United States v. Wong Kim Ark have shaped the understanding of citizenship and the jurisdiction of the United States.
While the specific requirements for natural-born citizenship in the US include those born in the country, there are exceptions and complexities. For instance, children born to US citizens abroad under certain circumstances may also be considered natural-born citizens. On the other hand, a person born in the US to alien enemies in hostile occupation may not be considered a citizen if they are not subject to US jurisdiction. Furthermore, the requirements for natural-born citizenship can vary across different countries and their unique constitutional frameworks.
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Natural-born citizens can include those born elsewhere
The interpretation of the “natural-born citizen” clause in the US Constitution has been a subject of debate, with various opinions offered over time. While the Constitution does not define the phrase, it is one of the eligibility requirements for holding the office of President or Vice President. 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 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 and of the State wherein they reside." This suggests that citizenship is not solely based on the place of birth but also on the jurisdiction and residency requirements.
The interpretation of the "natural-born citizen" clause has been influenced by historical context and legal precedents. The British practice in the 1700s recognized children born abroad to subjects of the Crown as "natural-born subjects." This tradition may have informed the Framers of the US Constitution, who were familiar with these statutes. Additionally, the Naturalization Act of 1790 further clarifies the understanding of "natural-born citizens."
In modern times, the eligibility of candidates in the 2008, 2012, and 2016 election cycles was questioned based on their place of birth. Senator Ted Cruz, born in Canada to a US citizen mother, and Senator John McCain, born on a US military base in the Panama Canal Zone to a US citizen parent, faced scrutiny. However, legal scholars agree that these individuals are indeed "natural-born citizens" within the meaning of the Constitution.
The interpretation of the "natural-born citizen" clause has evolved to include those born elsewhere who meet the legal requirements for birthright citizenship. This interpretation is consistent with the intention to protect the nation from foreign influence while recognizing the complexities of citizenship in a globalized world.
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The natural-born citizen clause protects against foreign influence
The natural-born citizen clause is a provision in some constitutions that requires certain officers, typically heads of state, to be "natural-born" citizens of the state. While the exact definition of "natural-born citizen" varies across different constitutions, it generally refers to someone who acquired citizenship by birth and did not need to go through naturalization proceedings later in life.
In the United States, the natural-born citizen clause is part of the eligibility requirements established in the United States Constitution for holding the office of President or Vice President. The purpose of this clause is to protect the nation from foreign influence and interference in executive elections. The consensus among early 21st-century constitutional and legal scholars is that natural-born citizens include those born in the United States, as well as those born elsewhere who meet the legal requirements for birthright citizenship. This interpretation ensures that voters have a diverse pool of constitutionally eligible candidates to choose from.
The Fourteenth Amendment of the United States Constitution further clarifies citizenship by stating that "all persons 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." This amendment addresses the rights and privileges of citizens, emphasizing that states cannot deprive citizens of life, liberty, or property without due process.
Other countries, such as Angola, Ghana, Liberia, and the Philippines, also have similar requirements in their constitutions, mandating that candidates for the presidency must be citizens by birth or natural-born citizens. These provisions aim to ensure that the country's leadership is closely tied to the nation and free from foreign influence.
It's worth noting that the interpretation of "natural-born citizen" has been a subject of debate and legal challenges, especially in the context of presidential eligibility. The precise meaning of the term may be open to interpretation by Congress rather than solely by the judicial branch of the government.
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Natural-born citizens are exempt from naturalisation proceedings
The concept of a "natural-born citizen" is a provision in some constitutions, including that of the United States, which states that certain officers, typically heads of state, must be "natural-born" citizens of that state. While the exact definition of a "natural-born citizen" varies across different constitutions, it generally refers to an individual who acquires citizenship by birth and is exempt from naturalization proceedings later in life.
In the United States, the term "natural-born citizen" is used in Article 2, Section 1, Clause 5 of the Constitution, which outlines the eligibility requirements for the presidency:
> 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a resident within the United States.
The Fourteenth Amendment further clarifies citizenship by stating:
> All persons 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.
Despite the existence of these constitutional provisions, the Supreme Court has never explicitly defined the term "natural-born citizen." The consensus among early 21st-century constitutional and legal scholars, supported by relevant case law, is that natural-born citizens include those born in the United States, as well as those born elsewhere who meet the legal requirements for birthright citizenship.
The interpretation of "natural-born citizen" has been a subject of debate in presidential eligibility lawsuits. For example, the eligibility of Senator Ted Cruz, who was born in Canada to a U.S. citizen mother, and Senator John McCain, who was born on a U.S. military base in the Panama Canal Zone, has been questioned. However, the precise meaning of the natural-born citizen clause may never be conclusively decided by the courts, as presidential eligibility could ultimately be determined by Congress rather than the judicial branch.
The concept of natural-born citizenship is not unique to the United States and can be found in the constitutions of other countries as well. For instance, the Indonesian constitution requires that presidential and vice-presidential candidates be citizens since birth who have never voluntarily acquired another citizenship. Similarly, the Mexican constitution mandates that presidential candidates be natural-born citizens of Mexico with at least one parent who is also a natural-born citizen. These variations in constitutional requirements highlight the diverse interpretations and applications of the concept of natural-born citizenship across different nations.
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Frequently asked questions
A natural-born citizen is a person who became a citizen of their respective country at birth and did not need to go through a naturalization proceeding later in life.
The US Constitution mentions the phrase "natural-born Citizen" in Article 2, Section 1, Clause 5, which states that only a natural-born citizen is eligible to become President. However, the Constitution does not define the phrase.
The consensus of early 21st-century constitutional and legal scholars is that natural-born citizens include those born in the United States. There is less consensus on the status of those born outside the US who meet the legal requirements for birthright citizenship.
The natural-born citizen clause was intended to protect the nation from foreign influence.
