reply to post by Southern Guardian
Article II, Section 1 of the Constitution:
No Person except a natural born Citizen . . . shall be eligible to the Office of President . . . .
The Immigration Act of 1790:
And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as
natural born citizens: Provided, that the right of citizenship shall not
descend to persons whose fathers have never been residents
the United States.
Schneider v. Rusk (1964)
We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive.
The only difference drawn by the Constitution is that only
the ‘ natural born’ citizen is eligible to be President. Art. II, s 1.
Elk v Wilkins, 112 U. S. 94 (1884)
between citizenship by birth
and citizenship by naturalization
is clearly marked
in the provisions of the
constitution, by which ‘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;’ and ‘the congress shall have power to establish an uniform rule of
naturalization.’Const. art. 2, § 1; art. 1, § 8.
Luria v. United States, 231 U. S. 9 (1913)
Citizenship is membership in a political society, and implies a duty of allegiance on the part of the member and a duty of protection on the part of
the society. These are reciprocal obligations, one being a compensation for the other. Under our Constitution, a naturalized citizen stands on an
equal footing with the native citizen in all respects save that of eligibility to the Presidency
. 88 U. S. 165; Elk v. Wilkins, 112 U. S. 94,
112 U. S. 101; 22 U. S. 827.
United States v. Wong Kim Ark
I say that, in order to be of the country, it is necessary that a person be born of a father who is a citizen
; for, if he is born there of a
foreigner, it will be only the place of his birth, and not his country.’ Vatt. Law Nat. bk. 1, c. 19, § 212. ‘The true bond which connects the
child with the body politic is not the matter of an inanimate piece of land, but the moral relations of his parentage. * * * The place of birth
produces no change in the rule that children follow the condition of their fathers, for it is not naturally the place of birth that gives rights, but