A "Natural born citizen" - the most crucial concept of the moment in America - is confusing (and deliberately confused). This concept is used in the Constitution of the US (Article II, Section 1, #4) as a precondition for presidency - and only for presidency, being clearly distinguished from ordinary citizenship. It has not been defined in the Constitution nor in any later statutes, because it had been self evident in the time when the Constitution was written, codified in the then contemporary encyclopedia "The Law of Nations" (1758) by Emerich de Vattel. (As a legal source "Law of Nations" is mentioned in Article I, Section 8, #10 of the Constitution in respect to the authority of the US Congress to enforce the law of nations, in particular - against piracies and felonies on high seas).
According to Chapter 19, §212 of "Law of Nations", the concept "Natural born citizen" is a twofold criterion meaning that:
Both parents must be the citizens of, and the birth must take place in the concerned country, assuming that the citizenship inherited by this child and the loyalty are never changed ever after.
In other words, a natural born citizen means at least a second generation citizen of the country. Vattel's own note on the margin of his book refers to the Roman law: NEMO PLUS JURIS TRANSFERRE POTEST, QUAM IPSE HABET, meaning "No one can give more rights than he himself has" (by Dr. A. Altec).
Another indication to the meaning of the term may be found in the Supreme Court's definition of "natural born citizen" as "all children born in a country of parents who were its citizens" (Minor v. Happersett, 88 U.S. 162, 1875).
Often "Natural born citizenship" is confused with §1401 of the US Code "Nationals and citizens of United States at birth". Although the words sound similar, §1401 defines only ordinary citizenship including such shallow one as that of anchor babies (i.e. born to legal guests of the country, §1401(a), never mind illegal residents).
The Constitution clearly and explicitly excludes ordinary citizenship for presidency: ordinary citizenship was reserved only for the presidential candidates - contemporaries of the Framers (referred as the grandfather clause). Definitely the "Natural born citizenship" is not the same as ordinary citizenship, but something stronger. By not explicitly quoting Vattel's definition, the Constitution therefore leaves some room for confusion. (Many such confusions resulted of deliberate efforts of "progressives" to erode the basic constitutional concepts inconvenient for them).
Fortunately there exists (at least) one original US document directly defining the "Natural born citizenship" according to Emerich de Vattel. This document (which does have legal binding) is the actual text of the FIRST CONGRESS in 1790.
Other arguments in favor of the definition of Vattel are the following. The Framers (in their correspondence) explicitly wished to exclude dual loyalty, and explicitly required that the US citizenship of the president be deeper than ordinary citizenship (such as that of their contemporaries). After all, any one can acquire an ordinary US citizenship in some point of one's life, so the Framers clearly excluded this kind of citizenship. On the contrary, the Natural Born Citizenship cannot be acquired: it may be only inherited.
After the Framers, all the presidential contenders (up to Sen. McCain in 2008 but not Obama) did officially satisfy this definition, demonstrating continuity of the meaning "Natural born citizenship" consistent with that of Vattel . (In the past only one President Chester Arthur 1881-1885 violated it, hiding and destroying the traces of the British citizenship of his father, discovered only after his death. The carefully hidden violation of Chester Arthur in fact is an additional argument that the Vattel's definition was valid and he was aware of it).
Consult the same source that the founders consulted to understand their intent:
The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns - Emer De Vattel
Chapter 19, Section 212 - Citizens and Natives (p.101)
"The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence to what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the father is therefore that of the children."
Justice Marshall's opinion reiterates this definition. Only an amendment would alter this, which has been repeatedly attempted but so far has failed.
Fact: The US Constitution requires the president to be a NATURAL-BORN CITIZEN
Fact: John Jay wrote a letter to George Washington suggesting the requirement be made.
Fact: The description of natural-born citizen was derived from Vattel's work, Law of Nations § 212
Fact: In the SCOTUS decision, The Venus, 1814, Justice Marshall defines 'natural-born citizen' using Vattel's work, but in his own words saying, (#123) 'Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says, 'the citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or indigenes, are those born in the country, of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.'
http://openjurist.org/12/us/253/the-venus-rae-master
Fact: During the 2nd Session of the 37th Congress in 1862, Mr. Bingham defined 'natural-born citizen' on the House floor and none disputed his definition:
"The Constitution leaves no room for doubt upon this subject. The words "natural-born citizen of the United States" occur in it, and the other provision also occurs in it that "Congress shall have power to pass a uniform system of naturalization." To naturalize a person is to admit him to citizenship. Who are natural-born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth - natural-born citizens. There is no such word as white in the Constitution. Citizenship, therefore, does not depend upon complexion say more than it depends upon the rights of election or of office. All from other lands, who, by the terms of the laws and a compliance with the provisions becomes naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural-born citizens."
http://memory.loc.gov/ammem/amlaw/lw....html#anchor37
It is clear - a natural born citizen is a child born of TWO parents of the same citizenship. This is 'jus sanguinis' not 'jus soli'.
It is our duty to know our laws so that nobody perverts them, and to defend and protect against those who wish to see the Constitution dead.
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H. J. RES. 67 –John Conyers [D-MI] Proposing an amendment to the Constitution of the United States to permit persons who are not natural-born citizens of the United States, but who have been citizens of the United States for at least 20 years, to be eligible to hold the Office of President. (Sept. 3, 2003)
H. J. RES. 2 –John Conyers [D-MI] Proposing an amendment to the Constitution of the United States to permit persons who are not natural-born citizens of the United States, but who have been citizens of the United States for at least 20 years, to be eligible to hold the Office of President. (Jan. 4, 2005)
H. J. RES. 42 –Vic Snyder [D-AR] Proposing an amendment to the Constitution of the United States to permit persons who are not natural-born citizens of the United States, but who have been citizens of the United States for at least 35 years, to be eligible to hold the offices of President and Vice President. (April 14, 2005)
S. 2678 -Sen. Claire McCaskill [D-MO], tried to attach to SB 2678 an amendment clarifying what “natural-born citizen” includes. Obama and then-Sen. Hillary Clinton, D-N.Y., were sponsors. (Feb. 28, 2008)
H. J. Res. 15 Rep. José Serrano [D-NY] Proposing an amendment to the Constitution of the United States to repeal the twenty-second article of amendment, thereby removing the limitation on the number of terms an individual may serve as President. (January 04, 2013)
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Taken from various sources.
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Added October 21, 2016
Publius Huldah - Natural Born Citizen and Naturalized Citizen Explained
https://publiushuldah.wordpress.com/...zen-explained/
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