U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs
7 FAM 1131.6-2 Eligibility for Presidency
(TL:CON-68; 04-01-1998)
a. It has never been determined definitively by a court whether a person
who acquired U.S. citizenship by birth abroad to U.S. citizens is a naturalborn
citizen within the meaning of Article II of the Constitution and,
therefore, eligible for the Presidency.
b. Section 1, Article II, of the Constitution states, in relevant part that “No
Person except a natural born Citizen...shall be eligible for the Office of
President;”
c. The Constitution does not define “natural born”. The “Act to establish an
Uniform Rule of Naturalization”, enacted March 26, 1790, (1 Stat.
103,104) provided that, “...the children of citizens of the United States,
that may be born ... out of the limits of the United States, shall be
considered as natural born citizens: Provided that the right of citizenship
shall not descend to persons whose fathers have never been resident in
the United States.”
7 FAM 1130 Page 8 of 103
(continues)
U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs
d. This statute is no longer operative, however, and its formula is not
included in modern nationality statutes. In any event, the fact that
someone is a natural born citizen pursuant to a statute does not
necessarily imply that he or she is such a citizen for Constitutional
purposes.
7 FAM 1130 Page 9 of 103
If the argument is based on that the case against McCain will be thrown out on its face. Of course the Natural born aspect of children born aboard to US citizens has never been definitely ruled on because there has never been any situation like this. But it makes no sense whatsoever to take away citizens rights because their parents were following the federal government’s orders and serving abroad. It is a ludicrous argument.
Such citizens are not Naturalized and there are only two kinds therefore....