Is McCain Eligible?

The requirements for citizenship and the very definition thereof have changed since the Constitution was ratified in 1788. Congress first extended citizenship to children born to U.S. parents overseas on March 26, 1790, under the first naturalization law: "And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens."[1] This was addressed by the U.S. Supreme Court in the Dred Scott case as a form of naturalization.[2] The Dred Scott case, however, was overturned by the Fourteenth Amendment in 1868. The Fourteenth Amendment mentions two types of citizenship: citizenship by birth and citizenship by law (naturalized citizens): "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."

All persons born in the United States, except those not subject to the jurisdiction of the U.S. government (such as children of foreign diplomats) are citizens by birth. There is some debate over whether other persons with citizenship can also be considered citizens by birth, or whether they should all be considered citizens by law (thus "naturalized"). Current US statutes define certain individuals born overseas as citizens by birth.[3] One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. Thus, to be a "natural born citizen," a person must be born in the United States; otherwise, they are citizens by law and are naturalized.[4] To others, the statute that grants citizenship to American children born overseas exempts them from the term "naturalized" and thus, as with the 1790 law, they are to be considered "natural born citizens" eligible for the Presidency.[5] Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas.[6]