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Line 16: − + − 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.+ + + + + + +
Wong Kim Ark as precedent
{{quotebox|And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered natural born citizens: ''Provided,'' That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: ''Provided also,'' That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed.}}
{{quotebox|And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered natural born citizens: ''Provided,'' That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: ''Provided also,'' That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed.}}
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 However, the 1790 act was repealed in 1795, and no subsequent law or court decision has clearly defined “natural born Citizen”.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.
The case of ''United States vs Wong Kim Ark'' (1898) is the most notable precedent which attempts to define the term, with the New York Chancery Court stating,
:"Suppose a person should be elected president who was native born, but of alien parents; could there be any reasonable doubt that he was eligible under the Constitution? I think not. The position would be decisive in his favor" <ref>U.S. v. Wong Kim Ark (1898) 169 U.S. 649, 42 L.Ed. 890, 18 S.Ct. 456. </ref>
In this case, Wong Kim Ark was found to be entitled to citizenship in perpetuity through the 14th Amendment, by virtue of being born within the United States, despite both parents being non-citizens, and having been raised out of the country. The decision was affirmed by the US Supreme Court. The case was referenced as recently as 2009, in which the Indiana Court of Appeals declared,
:"based upon the language of Article II, Section 1, Clause 4 and the guidance provided by ''Wong Kim Ark'', we conclude that persons born within the borders of the United States are 'natural born Citizens' for Article II, Section 1 purposes, regardless of the citizenship of their parents"<ref> Ankeny v. Governor, 929 N.E.2d 789 (Ind. 2010) </ref>
Thus is seems incontrovertible that someone born within the United States, and who thereby gains citizenship, is a natural born citizen.
It is clear that someone who was not a citizen from birth, but acquired citizenship through naturalization, is not natural born. 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.
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>