The phrase “natural born citizen” is significant in the U. S. Constitution, specifically in Article II, Section 1. This summary outlines how the Founders defined this term based on their knowledge of legal texts at the time, particularly the work of Emerich de Vattel.
1. Origin of the Term: The term "natural born citizen” was well understood during the time of the Constitution's framing. It implies that citizens must be born to parents who are themselves citizens.
2. Vattel's Influence: The definition comes from de Vattel's “Law of Nations,” where he states that natural-born citizens are those born in the country to citizen parents. Therefore, the country continues to exist through its citizen offspring.
3. Importance in Governance: The Framers of the Constitution intended to prevent foreigners from holding the presidency. In a letter, John Jay suggests that only a natural born citizen should command the military, indicating a desire to protect the nation from foreign influence.
4. Historical Context: Benjamin Franklin and George Washington acknowledged the significance of Vattel’s work before the Constitutional Convention. Franklin sent copies to fellow lawmakers, highlighting its importance.
5. Legal Confusions: The Supreme Court case United States v. Wong Kim Ark in 1898 complicated the understanding of citizenship by stating that children born on U. S. soil to non-citizen parents were automatically citizens, introducing the concept of "jus soli" (right of the soil) birthright citizenship.
6. Controversial Citizenship: The article argues that modern interpretations diverge from the original intent of the Framers. Many now believe that simply being born in the U. S. qualifies someone as a natural born citizen, regardless of their parents’ citizenship status.
7. Specific Cases: Kamala Harris and Barack Obama are cited as examples where the article argues they do not meet the Framers’ definition of natural born citizens due to their parents’ non-citizen status at the time of their births.
8. Proposed Amendment: To clarify the term “natural born citizen,” a new amendment is proposed stating that only children born of two U. S. citizen parents residing in the country are considered natural born citizens.
The interpretation of who qualifies as a “natural born citizen” has evolved but strays from the Founders’ understanding. A proposed constitutional amendment seeks to restore clarity to this important term and align it with the original intentions of the Framers.
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