from Aaron Klein's site
http://kleinonline.wnd.com/2011/09/25/fec-south-american-born-eligible-for-u-s-president-agency-rules-there-is-no-reference-to-natural-born-or-naturalized-citizens/
In its official response earlier this month, the FEC agreed with Hassan’s logic.
The FEC’s ruling, which did not receive any news media attention, concluded that a naturalized citizen is not prohibited by the Federal Election Campaign Act from becoming a “candidate” as defined under the Act.
However, a naturalized citizen is not eligible to receive Federal matching funds under the FEC’s Presidential Primary Matching Payment Account Act.
Stated the FEC ruling: “In regard to the definition of ‘person,’ the Act defines that term as including ‘an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons,’ excluding the Federal Government. There is no reference to natural born or naturalized citizens. As an individual, Mr. Hassan is a ‘person’ under the Act.”
While the FEC’s own rules now allow Hassan to run for high office, the attorney must still clear judicial hurdles before his eligibility could become official.
At issue is the Constitutional stipulation that only a “natural born” citizen can run for president.
Article 2, Section 1, Clause 5 of the U.S. Constitution stipulates presidential eligibility, requiring the nation’s elected chief to be a “natural born citizen.”
The clause states: “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 to the Constitution specifically defines “citizen” but not “natural born citizen”.
A “citizen” is defined as: “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, no definition of “natural born citizen” – which is only used in the presidential requirement clause – was provided anywhere in the Constitution, and to this day the precise meaning of the term is still being debated.
In his legal argument, Hassan contended the Constitutional eligibility clause discriminates against naturalized citizens.
He cites Supreme Court rulings that interpret the Constitution as providing “equal protection” to naturalized citizens. Other rulings cited by Hassan guarantee against the discrimination of naturalized citizens.
“The natural born requirement, that was adapted in the 1780’s at a time when slavery was also a part of the constitution,” Hassan told Klein.
Hassan added the eligibility requirement should be reinterpreted in a way that would allow naturalized citizens to run for president.
However, a naturalized citizen is not eligible to receive Federal matching funds under the FEC’s Presidential Primary Matching Payment Account Act.
From post 39:
Thus, because Mr. Hassan has clearly stated that he is a naturalized citizen and not a natural born citizen under the Constitutional requirement for holding the office of President, the Commission concluded that Mr. Hassan is not eligible to receive matching funds.
So the FEC has basically made a determination that Hassan is not eligible under the Constitution within the discretion granted them to decide who gets matching funds - a detail omitted from this analysis because I guess it is inconvient to the rant.