posted on Jan, 27 2012 @ 03:29 PM
This thread is mainly in response to this one
which contains copious amounts of
misinformation about the definition of "natural born citizen." There seems to be this notion that to be eligible for office, one's parents must be
citizens of the United States. This is simply not true. So, the main objective of this thread is to clarify the definition of "natural born
citizen" and hopefully put to rest this aspect of the "Obamas not eligible to be President" argument.
*I am not here to argue the validity of his birth certificate. For the purpose of this thread, the assumption is that it is real.*
Article II, Section I of the Constitution outlines the requirements to be President of the United States:
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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
So, the requirements are:
-A natural born citizen
-A citizen at the time of the adoption of the Constitution
-Must be 35 years old
-Must have lived in the United States for 14 years
What gaps left by the Constitution are filled by Title 8, Section 1401
of the U.S. Code. A
Section 1401 defines the following as people who are "citizens of the United States at birth:"
-Anyone born inside the United States *
-Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the
-Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
-Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S.
-Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
-Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age
-Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for
at least five years (with military and diplomatic service included in this time)
-A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a
diplomat, for example, from this provision.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the
children of military families to be considered natural-born, for example.
Simply put: Obama IS eligible to be president.
He was born in the United States, therefore he is a natural born citizen. The fact that his father did not have U.S. citizenship at the time of his
birth does not matter. One could be born and raised in Iran and still be eligible for the presidency provided they have lived in the U.S. for 14
years and their parents are U.S. citizens.