I wondered about that too, Chronos. It looks like a substantial portion was, according to the Architect of the Capitol:
Since it was originally thought that Washington would be buried there, I assume that there would have been enough of a building for a lying-in-state in 1799, the year of his death.
However, I have to wonder if it’s really the case that there’s only been one ex-President who hasn’t lain-in-state in the Capitol. I mean, before planes, trains and automobiles (not to mention modern refrigeration techniques :eek: ), how often would they lug a body a couple of hundred miles for a lying-in-state, if the ex-Prez died away from Washington? For example, Harding died in California - would they have shipped him all the way to Washington for a lying-in-state, and then back to Ohio for burial?
And then there’s Nixon…did he get a last trip to the Capitol? I sort of doubt it.
Lets remember something else, too. The constitution doesn’t require that the president be born in the U.S. It only requires that he or she be a natural-born citizen, which means a citizen at the time of his or her birth. You become an American citizen at birth if you’re born in the country, or if you are the child of a U.S. citizen.
I too have heard of this capability. However, it was explained that it was a condition of the original articles of Statehood for Texas (1845) After the end of the war of Northern Agression, and Texas was readmitted, the right to secession and division for the State was deleted.
Also, as to being born in the US to be President. In 1963, the US Supreme Court was called to determine the legitimacy of Barry Goldwater since he was born in Arizona before it was a State. They ruled that he was eligible since he was born in a Territory of the United States. This means that technically, a citizen of Puerto Rico, Guam, American Samoa, US Virgin Islands or any other US Territories could become President.
You can’t call the Supreme Court and ask them for their opinion on something that isn’t a case. They don’t give advisory opinions, as some state Supreme Courts do.
It’s possible that somebody asked the Attorney General for an opinion. That would have been his job. And in 1963, the president and the AG probably talked with each other frequently.