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09 November 2009 

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Who Can Be President?

It is the kind of dream the United States of America was built on; that anyone from any station in life willing to work hard enough can become whatever they want, including president. U.S. history is full of examples of men from humble beginnings who rose to the nation's highest office. So, does this mean that anyone can launch a campaign to run for the White House?

The answer can be found in Article 11, Section 1 of the United States Constitution:

[insert caption here]
US Constitution
"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 term "natural born citizen" has led to some debate. Its inclusion in the constitution is thought to have originated from a 1787 letter to George Washington from John Jay, who served as the country’s first Chief Justice of the new Supreme Court.


New-York, 25th July, 1787

John Jay Portrait
John Jay Portrait

Dear Sir,

Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government ; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.
I remain, dear sir,

Your faithful friend and servant,

John Jay.



At the time, George Washington was presiding over the U.S. Constitutional Convention and the provision was added without debate.

JOHN MCCAIN: A NATURAL BORN CITIZEN?

John McCain as a baby with his father and grandfather
John McCain as a baby with his father and grandfather
The exact meaning of those words, written without any detailed explanation, has befuddled legal scholars and historians and those who continue to debate whether only people born on American soil can be considered truly natural born.

While some of the framers of the constitution were born abroad, no American to take the presidential oath has had an official birthplace outside the 50 states. However, some presidential contenders have been born outside the United States, including Republican Party nominee John McCain. The Arizona senator was born in 1936 on a U.S. military base in the Panama Canal Zone, where his father, a Navy officer, and mother were stationed.

The issue has been raised repeatedly; for the first time when McCain sought, and failed to win, the Republican presidential nomination in 2000. His campaign staff says they are confident the issue has been legally examined and resolved.

In 1790, the First Congress passed a law that said, “The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as a natural born citizens of the United States.” While some legal scholars say the Framers clearly allowed for a situation like McCain’s, others say the issue is not entirely been decided, given the ambiguities of the Constitutional article. In fact, there have been lawsuits filed by ordinary citizens seeking to remove McCain from the ballot.

Barry Goldwater
Barry Goldwater
George Romney
George Romney
Chester A. Arthur
Chester A. Arthur

Arizona Senator Barry Goldwater encountered the same question when he ran for President in 1964. Goldwater had been born in 1909, before Arizona achieved statehood. He later lost the race to President Lyndon Johnson. The issue was also raised in the 1968 candidacy of George Romney, who was born in Mexico, but again was not tested. And, the 21st president, Chester A. Arthur, whose birthplace is Vermont, was rumored to have actually been born in Canada, prompting some to question his eligibility.

What About Naturalized Citizens?

A naturalized citizen is someone born outside the United States who later becomes a U.S. citizen. Naturalized U.S. citizens have the same rights as natural born citizens except are not eligible to become president or vice-president of the United States.

Arnold Schwarzenegger
California Governor Arnold Schwarzenegger
In 2003, Republican Senator Orin Hatch began pushing for a constitutional amendment giving naturalized citizens the right to become president of the United States. The amendment would allow someone like Austrian-born-bodybuilder-turned-actor-turned-politician Arnold Schwarzenegger to run for president, who is a naturalized citizen. The amendment is often called the "Arnold Bill."

Some Democrats would also like to see Canadian-born Michigan Governor Jennifer Granholm eligible for the nation's highest office.

Even with support from both sides of the aisle for Hatch's amendment, a constitutional amendment requires a supermajority (two-thirds approval) in both houses of Congress and approval by at least 38 of the 50 U.S. states to pass.

 
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