Many have argued that a would-be President in order to be a “natural born Citizen” under Article II of the Constitution has to be born on U.S. soil to two parents who were U.S. citizens (by birth or naturalization) at the time of his/her birth. These same individuals have argued that Obama cannot be a natural born citizen even if he was born in Hawaii because, while he was born to a mother who was a U.S. citizen, his father was a British subject/citizen at the time of his birth. In disagreeing with this argument, one commentator said the following:
"Yes. He is a natural born citizen. He was born in the USA, Hawaii. There are a few who comment on the Web that in their OPINION "natural born" where Article II is concerned requires that both parents be US citizens as well as the candidate being born in the USA. But most Constitutional experts hold that the Supreme Court will accept the definition of a "citizen at birth," which is defined in US law, which is Title 8 of the US Code.
After all, the Constitution does not specifically say: "A natural born citizen must have two parents who were citizens at the time of birth,” and it does not say "no dual national persons", and it does not say "no persons with divided loyalties at the instant of birth."
In other words, the really strict constructionist justices on the Supreme Court (two of whose fathers were born in Italy) will not accept that the definition of "natural born" means more than what US citizenship law requires. After all, does it actually say “the President of the USA must be born in the USA of two parents both of whom are citizens,” or does it say “in Article II the standards are higher than US citizens at birth”? No, it just says “a natural born citizen.’”
http://drorly.blogspot.com/2009/01/two-reasons-why-obama-will-neither.html.
I do not agree with the commentator for this reason. In defining what is a "natural born Citizen" under Article II, we are attempting to define what the standard to be President of the United States is as envisioned by the Founders of our nation and the Framers of the Constitution who had just fought a revolutionary war against a foreign power. That standard has to be an exacting one. We are not talking about the requirements to hold any other political office, to be a judge, or to be an ordinary citizen. The President alone has great power which is not the case for any Senator, Representative, or Judge who may not act alone. These later individuals are part of a collegial body. The President may act alone, despite his surrounding himself with a Cabinet and other political advisors.
Hence, the question of what is a "natural born Citizen" must be answered not only with the thought of what is "fair" and "politically correct" in our immigrant America, but also with what makes sense from a self-survival standpoint. When analyzing the national self-survival factor, we have to assume the most extreme examples, existing not only in today's world but also that of the future. When one puts these factors on the scale of justice, which way does the scale tip?
Mario Apuzzo, Esq.
January 7, 2009
