Back Natural born citizen German Állampolgársági feltétel az Amerikai Egyesült Államok alkotmányában Hungarian Naturligt född amerikan Swedish
Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for holding the office of president or vice president. This requirement was intended to protect the nation from foreign influence.[1]
The U.S. Constitution uses but does not define the phrase "natural born Citizen" and various opinions have been offered over time regarding its exact meaning. The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. As to those born elsewhere who meet the legal requirements for birthright citizenship, the consensus emerging as of 2016 was that they also are natural-born citizens.[2][3][4]
The first nine presidents and the 12th president, Zachary Taylor, were all citizens at the adoption of the constitution in 1789, with all being born within the territory held by the United States and recognized in the Treaty of Paris. All presidents who have served since were born in the United States. Of the 45[a] individuals who became president, there have been eight that had at least one parent who was not born on U.S. soil.[5][6][7]
The natural-born-citizen clause has been mentioned in passing in several decisions of the United States Supreme Court, and by some lower courts that have addressed eligibility challenges, but the Supreme Court has never directly addressed the question of a specific presidential or vice-presidential candidate's eligibility as a natural-born citizen. Many eligibility lawsuits from the 2008, 2012, and 2016 election cycles were dismissed in lower courts due to the challengers' difficulty in showing that they had standing to raise legal objections. Additionally, some experts have suggested that the precise meaning of the natural-born-citizen clause may never be decided by the courts because, in the end, presidential eligibility may be determined to be a non-justiciable political question that can be decided only by Congress rather than by the judicial branch of government.[8][9]
- ^ Tucker, St. George (1803). "St. George Tucker, Blackstone's Commentaries 1:App. 316–s25, 328–29". Retrieved April 10, 2016.
- ^ Williams, Pete (January 19, 2016). "'Natural Born' Issue for Ted Cruz Is Not Settled and Not Going Away". NBC News.
The emerging consensus of the legal experts, however, is that being 'natural born' means becoming a citizen at the moment of birth, as opposed to achieving it later through the process of naturalization....
- ^ Maskell, Jack (November 14, 2011). "Qualifications for President and the 'Natural Born' Citizenship Eligibility Requirement" (PDF). Congressional Research Service. p. 2. Retrieved February 25, 2012.
In addition to historical and textual analysis, numerous holdings and references in federal (and state) cases for more than a century have clearly indicated that those born in the United States and subject to its jurisdiction (i.e., not born to foreign diplomats or occupying military forces), even to alien parents, are citizens 'at birth' or 'by birth', and are 'natural born', as opposed to 'naturalized', U.S. citizens. There is no provision in the Constitution and no controlling American case law to support a contention that the citizenship of one's parents governs the eligibility of a native born U.S. citizen to be President.
- ^ "Ted Cruz wins citizenship case in Pennsylvania; stays on primary election ballot". The Morning Call. March 31, 2016.
- ^ Cite error: The named reference
MyUser_Law.justia.com_January_16_2016cwas invoked but never defined (see the help page). - ^ Jon Meacham (November 13, 2012). Thomas Jefferson: The Art of Power. Random House Publishing Group. pp. 6–7. ISBN 978-0-679-64536-8.
- ^ Cite error: The named reference
Pilonwas invoked but never defined (see the help page). - ^ Tokaji, Daniel (2008). "The Justiciability of Eligibility: May Courts Decide Who Can Be President?". Michigan Law Review, First Impressions. 107: 31.
- ^ Gordon, Charles (1968). "Who can be President of the United States: The Unresolved Enigma". Maryland Law Review. 28 (1). Baltimore Maryland: Maryland Law Review, Inc. University of Maryland School of Law: 1–32. Retrieved October 8, 2012.
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