Re: The American President: What's in the job?
The stipulation that one is a US citizen if born abroad to one or two US-Citizen parents is not in the Constitution. It's statutory.
What **IS** in the Constitution is that any person born on US soil "subject to its jurisdiction" is a citizen at birth.
This is the part of the 14th Amendment known as the "citizenship clause". It was written by a guy named John Bingham. Its language was specifically worded so as to
- include people who had been born into slavery in the United States
- include the children of immigrants, particularly those who came from Ireland, Italy, and Germany since 1840 -- this was designed to ensure that the "nativist Know-Nothing" movement wouldn't come back to life.
- EXclude people on Indian reservations, many of which had some degree of soverignty through treaties
- EXclude children born to foreign diplomats.
The "both parents must be citizens" has been raised, repeatedly, and unsuccessfully by radical elements in the now discredited "birther movement". They found an obscure statement acknowledging the standing of a woman in a case before the Supreme Court in the 1870s where she submitted evidence of her own citizenship by submitting her birth certificates and those of her parents.
A very poor twisting , and a lousy stretch of that acknowlegement (it was not a "Supreme Court ruling" but an acknowledgement of the evidence presented in the 1800s case) has been attempted to make a specious argument that Barack Obama is not a citizen. A lawyer has presented failed, and even laughable arguments that because Barack Obama's father was not a citizen when the President was born in Hawaii, he's not a citizen either. In reality, the fact that Obama WAS born in the United States is sufficient.
There are also crackpots out there who allege that income tax is unconstitutional because the 16th Amendment was never officially ratified and try to argue that Ohio is not a state, and they ratified it. But many can argue that "ok, assuming Ohio is not a state" it was ratified by 41 other states ....
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