Natural Born Citizen
Natural Born Citizen
Who is a natural born citizen? Actually what makes a natural born citizen is a better question. This has been a hot topic of late concerning President Obama, and with good reason. The Constitution does not define what makes a natural born citizen. Further the Supreme Court has never ruled on this issue as it has never come up in regard to a President. There certainly are military and government jobs that require the status of a natural born citizen. I myself have held one of these jobs while in the military, and my current job in the civilian world requires the same security clearance. There was much dismay amongst the ranks of the Secret Service surrounding President Obama, and the fact that he wouldn't qualify to get their security clearance. The President is supposed to be The Commander in Chief and one would think that he should be eligible to obtain the same security status as those that work under him. The Supreme Court has stated that one must look elsewhere in order to find the definition of the term natural born citizen.
Looking Elsewhere
While the Supreme Court
has not ruled directly on the makings of a natural born citizen they have had some rather lengthy cases involving citizenship in general and
have had some pretty interesting findings. The landmark case known as Wong Kim Ark has several cites in it that alude to the makings of a
natural born citizen. The purpose of the Wong Kim Ark case was to determine whether or not he was a citizen of the United States as described
under the 14th Amendment. They found that he was a citizen. They also found this:
...At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children,
born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives,
or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further, and include as citizens children
born within the jurisdiction, without reference to the citizenship of their parents. As to this class, there have been doubts, but
never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we
have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.
Minor v. Happersett
(1874), 21 Wall. 162, 166-168. (P680 Wong Kim Ark)
Talking Points
Natural Born Citizen
- Not defined in the Constitution
- Not ruled on by Supreme Court
- Is found in The Law of Nations
- Law of Nations is referenced in the Constitution
- Both parents are citizens
- No doubt as to status
- Other positions have doubt
Keeping them Honest
The nay-sayers will have all sorts of contrary opinions and assertions. They will even call you a liar. But the truth will win. Simply stick to it and the facts. There is no doubt as to the status of a natural born citizen. These are the very same items that are required to get the NOFORN security clearance classification. The court admits here that there is doubt as to any other assertion.
