Natural-born-citizen clause

Natural-born-citizen clause is a provision in the United States Constitution that sets specific citizenship requirements for individuals seeking to become the President or Vice President. This clause is found in Article II, Section 1, Clause 5 of the Constitution.

Overview

The Natural-born-citizen 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." The same requirement applies to the Vice Presidency, as established by the Twelfth Amendment.

Interpretation

The exact meaning of "natural born Citizen" has been the subject of legal and political debate. The most widely accepted interpretation, based on English common law, is that a natural-born citizen is someone born within the territory of the United States, regardless of the citizenship of their parents. This interpretation has been upheld by several Supreme Court decisions, such as United States v. Wong Kim Ark.

However, some legal scholars argue that a natural-born citizen must be born to parents who are both U.S. citizens. This interpretation is based on the principle of jus sanguinis, or "right of blood," which contrasts with the principle of jus soli, or "right of soil," that underpins the common law interpretation.

Controversies

The Natural-born-citizen clause has been a source of controversy in several presidential elections. For example, questions were raised about the eligibility of Barack Obama and Ted Cruz to serve as President due to their respective birth circumstances. In both cases, the candidates were ultimately deemed eligible.

Proposed amendments

There have been numerous proposals to amend or abolish the Natural-born-citizen clause. These proposals generally argue that the clause is outdated and discriminatory, as it excludes naturalized citizens from the presidency. However, none of these proposals have been successful to date.

See also

• Citizenship of the United States
• President of the United States
• United States Constitution