Showing posts with label citizenship. Show all posts
Showing posts with label citizenship. Show all posts

Monday, July 14, 2008

Can I be President?

A recent article by Gabriel Chin (http://papers.ssrn.com/sol3/papers.cfm?abstract-id=1157621#PaperDownload) suggests that John McCain cannot be president because he is not a "natural born citizen" under the United States Constitution. This article contradicts the opinion of Laurence Tribe and Theodore Olson, who have concluded that McCain can be President, either because his birthplace, the Canal Zone, was under exclusive U.S. jurisdiction, or because he obtained citizenship by statute in 1937.

Obviously this discussion is irrelevant. No one is going to kick McCain out of the race because he isn't a US citizen; the courts are not going to touch this with a ten-foot pole. But it does present an intriguing question: Can I become President?

I was born in Riyadh, Saudi Arabia, to two American citizens. Because my parents are American, I was born a US citizen. Because my father was not a Saudi citizen, I am not a Saudi citizen, nor am I a citizen of any other country.

I had always been told that I could not be President because I was not born within US territory. However, an alternative interpretation of "natural-born" would include those who were born as US citizens, excluding only those who become citizens through naturalization. The recent discussion appears to follow this model.

The text of the constitution isn't clear on this issue, although "natural-born citizen" does seem to read most logically as "becoming a citizen naturally," rather than by operation of naturalizing process. Nor is the purpose exactly clear. One might think that being born to American parents would be enough to ensure that one is not under the allegiance of a foreign power, or that one knows America quite well. On the other hand, the founding generation might well have wanted to keep the nation out of the traitorous fingertips of those of us who, despite being born as US citizens, were raised and brainwashed in Saudi madrassas.

(Note to FBI readers: Actually, I went to a British school known as "The Puffin School," and my most traiterous impulse is a tendency to spell the shade "grey" instead of "gray.")

So, what do we think? Absent practical considerations (electability; my tendency to make cutting jokes about Pennsylvanians), can I become President?