Sunday, November 22, 2009
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Foreign born to US citizens

I read the same U.S. Supreme Court cases and some others. This is not a slam dunk issue. The U.S. Constitution says that only "natural born citizens" are eligible to be President. Does that include foreign born children of U.S. citizens? Apparently, the U.S. Congress in 1790 did not think so; they enacted that year a law to confer citizenship status to such children. When our Constitution was written we did not have any foreign military bases or embassies. We had just won a war with England to claim the 13 colonies. There is a very good argument that the Constitution, when written, did not conceive of a need to confer any form of citizenship status on foreign born (even to US citizens). A mere act of Congress does not change the U.S. Constitution. People seem to think that because Congress eventually gave citizenship status to certain foreign born persons, that McCain has nothing to worry about. They forget that Congress has no power to change the meaning of the U.S. Constitution. It takes a Constitutional Amendment. I agree that it would be a travesty for McCain not to be eligible. However, it was a travesty that Blacks were not treated as full persons and that women could not vote. The U.S. Supreme Court could not save the day because it was constrained by the Constitution. It took the 14th, 15th and 22nd Amendment to right those wrongs. Will it take a similar amendment to allow foreign born persons of US citizens to be U.S. President? (It is noteworthy that even the U.S. State Department acknowledges that children born to US diplomats abroad and at foreign US military bases are not considered natural born U.S. citizens; they are considered citizens at birth, not citizens due to place of birth. Place of birth, rightly or wrongly, as always mattered to the U.S. Supreme Court and Congress.)

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