| | This law was passed by the First Congress, which counted among its members nearly half of the signers of the Constitution (and was signed into law by a president who was also a signer of the Constitution), so it may give some insight into the intention behind this provision. However, the 1790 act was repealed in 1795, and no subsequent law or court decision has clearly defined “natural born Citizen”. | | This law was passed by the First Congress, which counted among its members nearly half of the signers of the Constitution (and was signed into law by a president who was also a signer of the Constitution), so it may give some insight into the intention behind this provision. However, the 1790 act was repealed in 1795, and no subsequent law or court decision has clearly defined “natural born Citizen”. |
| − | Therefore, there is still discussion over exactly who meets the definition of a natural-born citizen. It is clear that someone who was not a citizen from birth, but acquired citizenship through naturalization, is not one. One view is that all others, meaning anyone who is a citizen from the moment of birth, are natural-born citizens. There are arguments that a third category exists, of those who are citizens from birth by law or status, but are not intended to be considered as natural born. The most common reasons given are that the birth did not take place within the US, or that one of the birth parents was not a US citizen. Precedents indicate that neither of these conditions will prevent someone from attaining the Presidency. | + | Therefore, there is still discussion over exactly who meets the definition of a natural-born citizen. It is clear that someone who was not a citizen from birth, but acquired citizenship through naturalization, is not one. One view is that all others, meaning anyone who is a citizen from the moment of birth, are natural-born citizens. There are arguments that a third category exists, of those who are citizens from birth by law or status, but are not intended to be considered as natural born. The most common reasons given are that the birth did not take place within the US, or that one of the birth parents was not a US citizen. |
| | Presidential candidate [[John McCain]] was born to U.S. military parents stationed in the Panama Canal Zone, a territory within Panama which until 1978 was administered by the United States<ref>http://www.questia.com/library/encyclopedia/panama-canal-zone.jsp</ref>. The Senate passed a nonbinding resolution declaring that he was indeed a natural born citizen.<ref> [http://hdl.loc.gov/loc.uscongress/legislation.110SRes511 S.Res.511]: ''A resolution recognizing that [[John Sidney McCain III]], is a natural born citizen''; sponsors: Sen. [[Claire McCaskill]], Sen. [[Barack Obama]] ''et al.'' </ref> | | Presidential candidate [[John McCain]] was born to U.S. military parents stationed in the Panama Canal Zone, a territory within Panama which until 1978 was administered by the United States<ref>http://www.questia.com/library/encyclopedia/panama-canal-zone.jsp</ref>. The Senate passed a nonbinding resolution declaring that he was indeed a natural born citizen.<ref> [http://hdl.loc.gov/loc.uscongress/legislation.110SRes511 S.Res.511]: ''A resolution recognizing that [[John Sidney McCain III]], is a natural born citizen''; sponsors: Sen. [[Claire McCaskill]], Sen. [[Barack Obama]] ''et al.'' </ref> |