Isn’t Natural Born spelled out in the Consitution and if so then does that make him invalid by not being Natural Born?
“Isn’t Natural Born spelled out in the Consitution and if so then does that make him invalid by not being Natural Born?”
I’ve seen the statute quoted in other threads. I don’t have it handy at the moment. The problem is that the statute is very short & doesn’t reflect the INTENT - which was to prevent someone with ties to other countries from assuming the presidency. The Framers screwed up on this one.
Natural Born is not defined anywhere in the Constitution. However, the term comes from the same document that the constitution was largely based on “The Law of Nations” by Emer. Vattel written in the 1750’s. In it Natural Born is described as this:
“The natives, or natural-born citizens, are thofe born in the country, of parents who are citizens.”
Vattel, Emerich. “THE LAW OF NATIONS OR PRINCIPLES OF THE LAW OF NATURE APPLIED TO THE CONDUCT AND AFFAIRS OF NATIONS AND SOVEREIGNS.” 1797.
There has been no specific Supreme Court case that has defined it either, but the court HAS made the distinction between citizen and Natural Born Citizen several times, noting that there IS a difference!
Here’s another link that shows some of the issues...
The Constitution was drafted by men with a common understanding of the term “natural born citizen” as it was written into the Constitution. It would have been inconceivable to them that 200+ years later the term would be the subject of such enormous debate and misunderstanding.
The Framers, having been born (one and all) British subjects, understood they were not themselves “natural born” citizens of the United States, nor was it possible for anyone alive and of age at the time of the Constitution’s adoption, to be president under the ‘natural born citizen,’ requirement; thus they exempted themselves and their contemporaries, all newly minted citizens of the United States. The other Constitutional offices do not require the holder to be a “natural born citizen,” but merely a “citizen.”
The Supreme Court has never defined the term “natural born.” Clarification of that term is sought in various of the ‘eligibility’ suits. If, as many believe, the Framers’ understanding and intent was that a ‘natural born citizen’ was the child of two American citizens (especially the father) at the time of birth, then Obama does not qualify under the Constitution to be President of the United States. The Founders’ common knowledge and understanding of Vattel’s Law of Nations could well lead to that conclusion.
United States Constitution:
Article II, Section 1, Clause 5:
“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.”
Article I, Section 2, Clause 2:
“No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.”
and
Article I, Section 3, Clause 3:
“No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.”