Quote:
Originally posted by russej
Doesn't matter. Born to an American citizen anywhere, he's an American. You birthers are morons.
Quote:
Originally posted by Kornbread82
...
This is the truth...
Not quite; it's nowhere near that cut and dry.
There are a number of stipulations that must be met in order for a child born to American Citizens abroad to be considered a natural born US citizen. For example, as of 1986, children born abroad to one parent who is a citizen of the US are considered a citizen only if all of the following are true:
1. One of the person's parents was a U.S. citizen when the person in question was born;
2. The citizen parent lived at least 5 years in the United States before his or her child's birth;
3. A minimum of 2 of these 5 years in the United States were after the citizen parent's 14th birthday.
There is another set of criteria for people with two parents who are citizens, another set for people born between 1952 and 1986, and yet another set of rules for those born before 1952, as the law has changed a number of times over the last 100 years, and the law in place at the time of the persons birth is the law by which their citizenship is determined.
Oddly contrasting that set of laws is the 14th Amendment which states that ANYONE born in the United States is also a natural born citizen, provided they are "subject to the jurisdiction thereof." (Basically that means that foreign diplomats or such, who are not subject to the laws of the US due to diplomatic immunity, are not citizens).
It seems to me that there is a much higher standard for those born outside the geographical lines of the US than in the US, but I didn't write the things, so what do I know?
Generally, it's thought that the term "natural born citizen," with regard to the eligibility requirements for the Presidency, means just that - that the individual must be born a US citizen, and not a citizen through the nationalization process. This would mean that "natural born citizen" would include people whose parents were U.S. citizens, and were therefore U.S. citizens at birth (provided the stipulations for citizenship at the time of the birth of the child were met), yet born outside of the actual United States themselves. The distinction between
jus sanguinis and
jus solis, or citizenship by location, isn't mutually exclusive, so both are ways about which a child could be a natural born citizen.
Either way, the term "natural born citizen" was last legally used in 1795, and I don't think those fellas are going to tell us exactly what they meant when they used it and since there is no real case law to guide the issue, it makes for an interesting debate.
All that aside, I voted Mars, because I really don't really care where Obama was born, but it doesn't mean there isn't an interesting legal question behind all of it, since it's never really been brought before a court (and may never be, as I'm not sure who has standing to challenge such a thing, since courts routinely rule that individual citizens don't have standing to challenge the legitimacy of a President)
BTW, a compelling argument could be made that John McCain wasn't a natural born citizen, and was in fact a Panamanian citizen at birth.