The Yale Law Journal Pocket Part: Natural Born Citizenship
posted by Yale Law Journal
Last week, the usually obscure Natural-Born Citizen Clause of Article II of the Constitution became the subject of newfound media attention. As the New York Times reported, the candidacy of Sen. John McCain, born in the Panama Canal Zone, has revived a “musty debate”: Is a person born abroad of American parents a “natural born Citizen” eligible to be president? As noted in the article, Jill Pryor, writing in the Yale Law Journal twenty years ago, examined this very issue.
March 3, 2008 at 7:26 pm
Posted in: Law Rev (Yale), Law Rev Forum
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Responses (1)
scottwww - March 4, 2008 at 11:48 am
Panama John – not a natural born Citizen of the U.S.
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I’m starting to feel bad about this for John McCain. He has come so far and to have the very nature of his citizenship to be questioned would be miserable, especially after heroic service. But he is seeking the one occupation that explicitly requires that the officeholder be a “natural born Citizen.” This can only be changed by an amendment that changes the Constitution from saying “natural born Citizen” to something that would include him as eligible, though he is a citizen by jus sanguinis (citizenship by descent).
In presenting this constitutional matter, the purpose is to bring attention to the need for a remedy. This may also mean that the remedy would not be in place in time for Senator John McCain to be elligible to hold the office of President.
U.S. Supreme Court
SCHNEIDER v. RUSK, 377 U.S. 163 (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, 1. [377 U.S. 163, 166]
Consider more details if you doubt the seriousness of this matter:
http://idacres.com/politics/mccain/natural_born_Citizen.html
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