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A common misunderstanding of “natural born” citizenship comes from the Fourteenth Amendment, but a strict reading of the fourteenth amendment is quite clear that this only conveys an at birth naturalized citizenship. Those born in the United States at the time of adoption and afterwards were only citizens. But ONLY in Article 2 Section 1, the presidential clause, is the specific term 'natural born Citizen' used.
In Article 2 Section 1 of our Constitution for the presidency it states this:
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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The 14th Amendment doesn't even specifically mention the exact words 'Natural Born Citizen' like Article 2 Section 1 does. When the 14th Amendment was created, the natural born Citizen clause, Article 2 Section 1 was never amended to it. It was left separate. What was the specific reason?
That would require a constitutional amendment. That's not going to happen.
And author Rep John Bingham stated this during the Congressional debate:
“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
1. Bingham had nothing to do with the citizenship clause of the 14th Amendment. To call him the "author" is a lie.
2. This quotation has nothing to do with the 14th Amendment either, and did not come from the Congressional debate about that Amendment. It was during debate over the 1966 Civil Rights Act.
1. Bingham had nothing to do with the citizenship clause of the 14th Amendment.
2. This quotation has nothing to do with the 14th Amendment either, and did not come from the Congressional debate about that Amendment. It was during debate over the 1966 Civil Rights Act.
Irrelevant. He defined a Constitutional Article 2 natural born Citizen.
Had the framers of the 14th Amendment sought to define natural born Citizen, they would have used the words “natural born” in the Amendment. But they didn’t.
Who is hallucinating that they wanted to define "natural born" in the 14th Amendment? The definition was already well known to them, and the 14th didn't change it.
The word is found nowhere in the Constitution, let alone anywhere in Article II or the 14th Amendment.
The parent (singular) exception was the result of subsequent case law as are many things considered implicit within the constitution (e.g. the right to privacy).
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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The 14th Amendment did not change the distinction between Natural Born Citizen and Citizen pertaining to constitutional qualification for presidency.
And author Rep John Bingham stated this during the Congressional debate:
“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
I've seen this phrase before, several times. It's one of the reasons I do not understand the "anchor baby" that has been allowing so many Mexican women to stay in the US when they are citizens of Mexico, and she became pregnant by a Mexican national before she delivered the baby in the US. Both parents owe their allegiance to a foreign country, so how does the baby become an American?
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