Natural-born-citizen clause

Natural born citizen (English, German about: ( as) born citizen) is a phrase from the Constitution of the United States, which determines eligibility for President of the United States closer together.

Text and background

Clause 5 of Article 2 which appears in Section 1:

"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 an eligible to the Office of President; neither Shall any person be Eligible to Office who did not have Attained Shall to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. "

" Translation: No one but a born citizen or someone who was a citizen of the United States at the time of adoption of this Constitution, shall be eligible to the office of President. [ ... ] "

Through this scheme, the new democratic form of government of the young republic was to be secured. The founding fathers wanted to exclude the possibility that influential foreigners, for example, European nobles after obtaining American citizenship reach the presidency, taking advantage of their power and wealth.

Importance

The term natural born citizen is specified in the Constitution nowhere on this and so far still no case was heard before the Supreme Court of the United States. Therefore, there have been different views on the exact meaning of this clause.

As in the U.S., the birthplace principle ( also ius soli ) holds, it is clear that every person who is born on U.S. soil, a natural born citizen within the meaning of the Constitution is, regardless of the nationality of his parents. Exception are members of diplomatic missions and foreign armies. It is also clear that a person who has been naturalized U.S. citizen, is not eligible as president or vice president, and this is the only legal distinction between naturalized and natural born citizens.

Controversial is the status of foreign-born children of American parents. These are according to the origin principle, which applies in the United States next to the birthplace principle, automatically also citizens of the United States. Whether this is enough to make them natural born citizens, is not finally resolved.

Of importance, this clause was in the 2008 presidential election because the Republican candidate, Senator John McCain, was born in the Panama Canal Zone, although at that time was within the jurisdiction of the United States, but outside of their actual limits. The Senate unanimously declared, McCain was a natural born citizen and therefore selected as president. However, this explanation was not binding, since only a constitutional amendment or a judgment of the Supreme Court can create clarity on this issue.

The Congressional Research Service of the U.S. Congress voiced in 2011, the legal and historical evidence indicated that the term " natural born citizen " means a person who is a " by birth " or " by birth " U.S. citizenship. This could be done by birth in the United States and in areas under its jurisdiction, even if the parents are not U.S. citizens. Also born abroad of American citizens excluded children, as well as other cases in which the legal requirements for a U.S. citizenship " at birth " were met.

Candidates who were born outside the USA

Charles Curtis, vice president under Herbert Hoover, was born in Kansas, as this was not a U.S. state. Likewise, was Barry Goldwater, presidential candidate in 1964, born in what is now Arizona, before this became a state.

George W. Romney, the father of the 2012 candidates Mitt Romney, in 1968 ran for the Republican nomination, but was defeated Richard Nixon. His birth in Mexico was led in February 1967 by several politicians as a reason that he was not selected as president. Since he gave up his candidacy in the spring of 1968, this has never been decided in court.

Barack Obama and the " birther "

On the term natural born citizen to rely more under the term " birther " known groups who claim Barack Obama was wrong to President of the United States because he did not fulfill this eligibility requirement. In particular, they doubt that Obama was born in the U.S. and derive from this, he is not a natural born citizen. Documents that prove that Obama was born August 4, 1961 in the U.S. state of Hawaii, as his birth certificate or a birth announcement in the Honolulu Advertiser newspaper of 13-14. August 1961, they reject as forgeries or part of a conspiracy and deliver various theories about the "true" Obama's birthplace.

The " birther " movement attracted much attention. According to a survey by CNN Opinion Research in July 2010 believed at this time more than a quarter of Americans, Obama was " probably " or " definitely " born in foreign countries. All such accusations were rejected by the courts as unfounded because the plaintiffs were unable to provide sufficient evidence that suggested a different birthplace Obama.