Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate who “pushed the envelope” on this question in many elections over the last 50 years, and no article in the last century has correctly explained the common law definition. This article is timely becaus...
Abstract included in text. Cite as: Seth Barrett Tillman, Understanding Nativist Elements Relating ...
Great empires and humble nations alike have made similar choices in determining who will be citizens...
Section 1 of the Fourteenth Amendment begins by making clearthat All persons born or naturalized in...
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase i...
This article explores the controversy surrounding the natural born citizenship proviso in order to d...
The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism....
This Article uses the issue of presidential qualification as a vehicle to examine the meaning of cit...
The following discussion describes the historical context of the natural born citizenship clause; ex...
Senator Ted Cruz’s campaign for the Republican presidential nomination again raised the question whe...
The 2016 presidential election brought forth new disputes concerning the definition of “natural born...
This Article analyzes the term citizenship in the United States in light of American jurisprudence...
This Essay argues that recent debates over the eligibility of Barack Obama and Ted Cruz to serve as ...
Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tendi...
With the rise of non-native-born American politicians, the natural born citizen requirement in the U...
The long-running “birther” controversy–a rather bizarre conspiracy theory which holds that President...
Abstract included in text. Cite as: Seth Barrett Tillman, Understanding Nativist Elements Relating ...
Great empires and humble nations alike have made similar choices in determining who will be citizens...
Section 1 of the Fourteenth Amendment begins by making clearthat All persons born or naturalized in...
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase i...
This article explores the controversy surrounding the natural born citizenship proviso in order to d...
The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism....
This Article uses the issue of presidential qualification as a vehicle to examine the meaning of cit...
The following discussion describes the historical context of the natural born citizenship clause; ex...
Senator Ted Cruz’s campaign for the Republican presidential nomination again raised the question whe...
The 2016 presidential election brought forth new disputes concerning the definition of “natural born...
This Article analyzes the term citizenship in the United States in light of American jurisprudence...
This Essay argues that recent debates over the eligibility of Barack Obama and Ted Cruz to serve as ...
Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tendi...
With the rise of non-native-born American politicians, the natural born citizen requirement in the U...
The long-running “birther” controversy–a rather bizarre conspiracy theory which holds that President...
Abstract included in text. Cite as: Seth Barrett Tillman, Understanding Nativist Elements Relating ...
Great empires and humble nations alike have made similar choices in determining who will be citizens...
Section 1 of the Fourteenth Amendment begins by making clearthat All persons born or naturalized in...