ARTICLE: NATURAL BORN' IN THE USA: THE STRIKING UNFAIRNESS AND DANGEROUS AMBIGUITY OF THE CONSTITUTION'S PRESIDENTIAL QUALIFICATIONS CLAUSE AND WHY WE NEED TO FIX IT Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2005 Trustees of Boston University
Boston University Law Review

ARTICLE: NATURAL BORN' IN THE USA: THE STRIKING UNFAIRNESS AND DANGEROUS AMBIGUITY OF THE CONSTITUTION'S PRESIDENTIAL QUALIFICATIONS CLAUSE AND WHY WE NEED TO FIX IT

February, 2005

85 B.U.L. Rev. 53

Author

By Sarah Helene Duggin* and Mary Beth Collins**

Excerpt



Introduction
 
Article II of the United States Constitution mandates: "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." 1 The Twelfth Amendment establishes identical prerequisites for the Vice Presidency, 2 and the current federal succession statute permits only individuals "eligible to the office of President under the Constitution" 3 to act as President in the event that both the President and Vice President are unable to fulfill the obligations of office. 4 While the language of this portion of Article II may appear clear on its face, few constitutional provisions are actually so opaque. Who is a "natural born Citizen"? 5 Does the category encompass only persons born within the geographic boundaries of the fifty states, or does it include individuals born in Puerto Rico and other United States territories? 6 What about Native Americans born on tribal lands, 7 or children born to American parents living abroad? 8 Does the Fourteenth Amendment's declaration that "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[]" 9 alter the original meaning of Article II? The answers to these questions have proven intractably elusive throughout our nation's history.

The exclusivity of the natural born citizenship proviso has caused both politicians and scholars to describe it as anachronistic ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities