Anonymous
Anonymous asked in Politics & GovernmentElections · 1 decade ago

If you are only a 14th amendment US Citizen but not a natural born citizen, can you be President?

Where do you get your rulings from? SCOTUS? The Constitution? Which rulings, which articles?

Update:

Teekno, 14th amendment US citizens are NOT natural born citizens, see because it says so in the Constitution (Article II s.1)

Update 2:

Lord Percy: WHERE ON EARTH DID YOU MAKE THAT UP FROM? Please show your SCOTUS precedents. Oh, can't? It's because that's false. Minor v. Happersett

Update 3:

Freaky Circle: where did you make that up from? No links? Because it's false.

Update 4:

Teekno: Yes they are a US citizen if they're born in-country, but unless both their parents are US citizens too, they are ONLY a US citizen, not a natural born citizen. Minor v. Happersett

18 Answers

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  • Deb M
    Lv 7
    1 decade ago
    Best Answer

    Constitution...and Congress voted on Obama...he is a natural born citizen. They also voted on McCain since he was born in Panama.

  • 1 decade ago

    I suggest you actually read the ruling of Minor v. Happersett. You'll be surprised you're making completely weird arguments based on a bad assumption.

    A natural citizen is someone who is either born in the US or born to a citizen of the US regardless of location. Only one of the parents has to be a citizen, not both.

    Minor v. Happersett was a ruling regarding women's suffrage in the state of Missouri based around the 14th Amendment. It has nothing to do with this.

  • JerH1
    Lv 7
    1 decade ago

    The Constitution (Article II, Section 1) states that one must be a natural-born citizen in order to be President.

    I'm not sure what you mean by "14th Amendment citizens" - I've never come across that term before, or understand the difference between that and any other citizen.

  • Tmess2
    Lv 7
    1 decade ago

    Fourteenth Amendment is after Article II in time. First principle of construction of legal text is that an amendment modifies what comes before. The first part of the first section of the Fourteenth Amendment provides the only textual definition of a natural born citizen in the Constitution.

    What text (not court interpetation but actual text from the time of the framers) do you get the requirement that both parents must be US citizens.

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  • 1 decade ago

    Irrelevant. The 14th amendment was passed in 1868. The oldest person in America is about 115. No 14th amendment Americans ever ran for President.

  • cantcu
    Lv 7
    1 decade ago

    No you can't. You have to be a US citizen at birth. All those born in the US ARE US citizens, as are those who are born to mothers who are US citizens.

    The 14th says:

    "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    The 14th does make a distinction between those born and those naturalized however mandates they be treated equally in "States"! That has nothing to do with the Constitutional; requirement of "natural born" which Neocons misinterpret it to mean only US citizens BORN in the US. You can be a US Citizen, naturally born, if born anywhere in the world as long as your MOTHER IS A US Citizen!

    The US Constitution does not say you have to be BORN IN A STATE! Many US Citizens are born all over the place every year, to include territories, which are NOT STATES!

  • Teekno
    Lv 7
    1 decade ago

    Well, 14th amendment US citizens are natural born citizens. So yes.

    EDIT: You need to go back and read it again. Anyone born in the US, per the 14th Amendment, is born a citizen.

    Minor v. Happersett has nothing to do with "natural born citizens", but suffrage. You should go read the decision, it doesn't apply here.

  • Anonymous
    1 decade ago

    well, the thoery is that you have to be American-born and over 35 years old to be eligible.

    Yes, the constitution says that. I forget which amendment in it. So, no, The Governator can not run...contrary to what has been said about him recently.

  • Anonymous
    1 decade ago

    Nope. US Constitution

  • Anonymous
    1 decade ago

    however a natural born citizen doesn't mean a citizen born within the usa it means a citizen who acquires citizenship not by naturalization

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