What Is the 3Rd Legal Qualification for a President

Thus, constitutional history, the near-unanimous consensus of jurists and constitutional scholars, and consistent and relevant jurisprudence suggest that any child born in the United States and subject to U.S. jurisdiction (i.e., those who are not the children of diplomatic personnel representing a foreign nation or military forces under hostile occupation) is a “naturally born citizen” who has the right to be president under the the Constitution. regardless of the nationality or citizenship of the parents. The legal issues surrounding “natural” citizenship and birth in the United States regardless of ancestry or ancestral lineage have been well settled in the decisions of this country`s courts for more than a century, and such concepts date back and even date back to the founding of the nation. A candidate needs the votes of at least 270 grand electors – more than half of all voters – to win the presidential election. September and October – Candidates participate in presidential debates. The Constitution gave Congress the responsibility to organize the executive and judicial branches, increase revenues, declare war, and enact all laws necessary for the exercise of those powers. The president can veto certain pieces of legislation, but Congress has the power to override the president`s veto by a two-thirds majority of both houses. The Constitution also requires the Senate to deliberate and approve important appointments to executives and judges, as well as authorization to ratify treaties. 179 F.3d 1017, 1019 (6th Cir. 1999).

Emphasis added. See also United States v. Carlos Jesus Marguet-Pillado, 648 F.3d 1001, 1006 (9th Cir. 2011), consistent with the underlying legal correctness of the proposed jury order, which defines the term “born citizen” as including a citizen born in the United States, without reference to the citizenship of the parents. This purpose of the “naturally born” civic qualification was expressed by Justice Joseph Story in his landmark treatise on the Constitution in 1833: We have naturally born citizens (Constitution, Article 2, paragraph [1]) who were not created by law or otherwise, but born. And this class is the great majority; In fact, the mass of our citizens are in favour of all the other exceptions that the law specifically provides. Just as they became citizens naturally, by birth they remain citizens throughout their natural life, unless they themselves become citizens by their own voluntary action and become citizens of another nation. Because we have no law (as the French did) to denaturalize a citizen who has become one either through the process of natural birth or through the legal process of adoption. The Constitution itself does not make citizens; That is indeed what they are doing. It targets and recognizes only those of them who are natural – born in the country; and provides for the naturalization of those of them who were foreigners – born abroad. A well-known historian of the American colonial period commented on the “profound legalism” of society in colonial America, “where William Blackstone`s comments on the laws of England were sold as well as in England.” Jack Rackove, revolutionary, 68 years old (2010). See also Schick v.

United States, 195 U.S. 65, 69 (1904), in which Blackstone`s comments are discussed: “. it was said that more copies of the work had been sold in this country than in England. Historically, it can be noted that Chester A. Arthur, the 21st President of the United States, was apparently born in the United States in 1829 (although rumors have been spread by opponents that he was born in Canada). Citizen, but rather Irish citizen and British subject, although some claimed that this fact was not common knowledge at the time. www.scribd.com/doc/11067180/William-Arthur-father-of-President-Chester-Arthur-Naturalization-certificate-1843-CongressSee Thomas Reeves, Gentleman Boss: The Life of Chester Alan Arthur, 202-203 (1975)). A question was also asked about Charles Evans Hughes, a Republican presidential candidate who narrowly lost to Woodrow Wilson in 1916 and was born in the United States to British parents. Note Medina, The Presidential Qualifications Clause, op.

cit. cit., p. 267, no. 72, quoting Long: Is Charles Evans Hughes a “naturally born citizen” within the meaning of the Constitution? 49 Chic. Legal News 146 (1916). Although one issue was raised by this person at the time of Hughes` candidacy, it did not seem to matter to Hughes or other U.S.-born presidential or vice presidential candidates, as the “two citizen-parents” argument regarding native American citizens after Wong Kim Ark in 1898 found no serious legal considerations. The issue didn`t even seem to merit mention in Hughes` final two-volume biography. Merlo J. Pusey, Charles Evans Hughes, 316-366 (New York 1963). Regardless of the constitutional provision, the doctrine of this country has always been the doctrine of this country, except when applied to Africans brought here and sold into slavery, and to their descendants, that birth in the dominions and jurisdiction of the United States creates citizenship in itself. This topic was discussed at length by Deputy Vice-Chancellor Sandford in Lynch v. Clarke, found in the first volume of his reports.

[1 Sandf. 583.] In this case, a certain Julia Lynch, born in New York in 1819 to foreign parents, returned with them to her native country during her temporary stay in that city that year and lived there thereafter. She turned out to be a citizen of the United States. After a thorough review of the law, the Vice-Chancellor stated that he had no doubt that anyone born into the Dominions and affiliations of the United States, regardless of the circumstances of his or her parents, was a born citizen, adding that this was the general understanding of the legal profession and the universal impression of public opinion.222 The existence of these earlier cases, including the Wong Kim Ark Supreme Court`s characterization of the legal citizenship of foreign-born individuals raises interesting claims and considerations that have not necessarily been definitively resolved regarding the “naturally born” citizenship status – for the purposes of presidential eligibility – of those obtained by the United States.