# No Person except a natural born Citizen shall be eligible to the Office of President

**URL:** <https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519>\
**Category:** Factual Questions\
**Created:** [April 20, 2006, 8:10pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519 "2006-04-20T20:10:03Z")\
**Posts on this page:** 20\
**Page:** 2

<div class="post-metadata">

**Author:** ![saoirse](https://avatars.discourse-cdn.com/v4/letter/s/5daacb/32.png) [@saoirse](https://boards.straightdope.com/u/saoirse)\
**Post date:** [April 21, 2006, 4:13pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/21 "2006-04-21T16:13:09Z")

</div>

I remember seeing a comedian many years ago who felt that world leaders, when they’re done serving their countries, should move to another country, like football coaches. I believe the routine ended with, “And we have a report that Guatemala has just signed a four-year deal with Margaret Thatcher. This should help them move up in the Central American Division.”

It was funny, but also quite literally Unamerican. The idea behind the War of Spanish Succession was that the Ruling Class would rule everyone else. Every European monarch believed in this, although they disagreed in this particular case as to whether it should be a Bourbon or a Hapsburg. Requiring that the President be native born was also a statement about government.

---

<div class="post-metadata">

**Author:** ![sunacres](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@sunacres](https://boards.straightdope.com/u/sunacres)\
**Post date:** [April 21, 2006, 4:28pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/22 "2006-04-21T16:28:46Z")

</div>

[QUOTE=What Exit?]  
Why would this be a breach of human rights?  
[/QUOTE]  
We’re still waiting for **blinkingblinking** ’s answer to this question. I’m chiming in just to let the poster know we’re interested.

---

<div class="post-metadata">

**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\
**Post date:** [April 21, 2006, 4:37pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/23 "2006-04-21T16:37:45Z")

</div>

[QUOTE=Captain Lance Murdoch]  
The Governator’s approval ratings are so low in California that the thought of a presidential run would only seem a pipe dream at this point. That said, the only way a constitutional amendment could pass would be if there was no obvious person waiting to benefit from it.  
[/QUOTE]

Even most diehard Republicans wouldn’t want to amend the Constitution specifically to allow Schwartzenegger to run. No single person is so important that the country couldn’t run without him (or her).

---

<div class="post-metadata">

**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [April 21, 2006, 4:43pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/24 "2006-04-21T16:43:41Z")

</div>

[QUOTE=CookingWithGas]  
That is different than the point of the OP. **blinkingblinking** is talking about people who are born as citizens of another country but become a US citizen later in life not being eligible to run for US president.  
[/QUOTE]  
Nowhere does **blinkingblinking** say that he is talking about citizens of another country who later become U.S. citizens. In both of his posts he says only people born outside the USA.

---

<div class="post-metadata">

**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [April 21, 2006, 5:04pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/25 "2006-04-21T17:04:27Z")

</div>

[QUOTE=Erehwon]  
It is possible to be born of parents both of whom are US Citizens at the time of the birth and yet not be born a US Citizen.

I point this out to emphasize that naturalization and citizenship can be arcane and non-intuitive areas of US law; they are very much subject to interpretation by congress and by courts.  
[/QUOTE]  
Actually, federal law is very clear on this subject.

> [@](#):
>
> **TITLE 8, CHAPTER 12, SUBCHAPTER III, Part I, § 1401  
> Nationals and citizens of United States at birth**
> 
> The following shall be nationals and citizens of the United States at birth:  
> (a) a person born in the United States, and subject to the jurisdiction thereof;  
> (b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;  
> (c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;  
> (d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;  
> (e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;  
> (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;  
> (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years . . .

---

<div class="post-metadata">

**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [April 21, 2006, 6:05pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/26 "2006-04-21T18:05:32Z")

</div>

[QUOTE=Walloon]  
Nowhere does **blinkingblinking** say that he is talking about citizens of another country who later become U.S. citizens. In both of his posts he says only people born outside the USA.  
[/QUOTE]  
Well, good point. I may have projected an incorrect interpretation on the OP. But here’s why:

> [@blinkingblinking](#):
>
> No Person," states Article II, Section 1, "except a natural born Citizen … shall be eligible to the Office of President.. . . .Are there any other things a full American citizen (born outside USA) cannot do ?

A “natural born Citizen” born outside the USA is _not_ prohibited from becoming president, so I don’t know what else **blinkingblinking** could possibly have meant.

**blinkingblinking** what did you mean?

---

<div class="post-metadata">

**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [April 21, 2006, 7:19pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/27 "2006-04-21T19:19:31Z")

</div>

[QUOTE=blinkingblinking]  
Are there any other countries that have such a law ?  
[/QUOTE]  
Canada doesn’t. The [Canadian Charter of Rights and Freedoms](http://laws.justice.gc.ca/en/charter/index.html#droits) provides that any citizen is eligible to stand for election to the House of Commons, and thus indirectly provides that any citizen can become Prime Minister:

> [@](#):
>
> **Democratic rights of citizens  
> 3.** Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

In fact, three of our Prime Ministers were born in Britain: Macdonald and Mackenzie in Scotland, Bowell in England.

---

<div class="post-metadata">

**Author:** ![spingears](https://avatars.discourse-cdn.com/v4/letter/s/ebca7d/32.png) [@spingears](https://boards.straightdope.com/u/spingears)\
**Post date:** [April 21, 2006, 9:03pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/28 "2006-04-21T21:03:30Z")

</div>

[QUOTE=Shagnasty]  
The reason we still have it is that the U.S. Constitution is unbelievably hard to change…  
[/QUOTE]  
Except when the USSC Justices rule on matters not to be found any where in The U S Constitution.

---

<div class="post-metadata">

**Author:** ![blinkingblinking](https://avatars.discourse-cdn.com/v4/letter/b/ea5d25/32.png) [@blinkingblinking](https://boards.straightdope.com/u/blinkingblinking)\
**Post date:** [April 21, 2006, 9:24pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/29 "2006-04-21T21:24:13Z")

</div>

[QUOTE=sunacres]  
We’re still waiting for **blinkingblinking** ’s answer to this question. I’m chiming in just to let the poster know we’re interested.  
[/QUOTE]

I am obviously not saying every citizen has the right to be POTUS. But that every full citizen should have a chance to be able to become POTUS.

According to the Universal Declaration of Human rights ( I have no link-found it in a book)- (Found link [Redirecting...](http://www.unhchr.ch/udhr/lang/eng.htm))

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

The way I interpret that is everyone( full citizens) has right to try to become POTUS.  
I think I have answered by own question.

I did not know the exact details of who could or could not become POTUS - so I apologize for not framing the question correctly. I am a New Zealander. We never studied much American History.QUOTE-“Nowhere does blinkingblinking say that he is talking about citizens of another country who later become U.S. citizens. In both of his posts he says only people born outside the USA.” I meant to frame the question in the proper way.

---

<div class="post-metadata">

**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [April 21, 2006, 9:28pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/30 "2006-04-21T21:28:12Z")

</div>

And the proper way is . . . what?

---

<div class="post-metadata">

**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [April 21, 2006, 9:33pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/31 "2006-04-21T21:33:16Z")

</div>

And the proper way is . . . what?

---

<div class="post-metadata">

**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\
**Post date:** [April 21, 2006, 10:31pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/32 "2006-04-21T22:31:12Z")

</div>

To answer the OP’s question, President and Vice President are the only positions restricted to natural-born U.S. citizens.

At least two foreign-born American citizens have been U.S. Secretary of State (Madeleine Albright was born in Czechoslovakia and Henry Kissinger was born in Grrmany), and at least one has been U.S. Secretary of the Treasury (Albert Gallatin was born in Switzerland.

There have also been numerous foreign-born Congressmen, Senators and governors.

So, an immigrant can go very far in the U.S.- just not all the way to the top.

---

<div class="post-metadata">

**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\
**Post date:** [April 21, 2006, 10:38pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/33 "2006-04-21T22:38:15Z")

</div>

[QUOTE=blinkingblinking]  
Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

The way I interpret that is everyone( full citizens) has right to try to become POTUS.  
I think I have answered by own question.  
[/QUOTE]

The right to participate in government does not imply the right to be the head of the government.

---

<div class="post-metadata">

**Author:** ![blinkingblinking](https://avatars.discourse-cdn.com/v4/letter/b/ea5d25/32.png) [@blinkingblinking](https://boards.straightdope.com/u/blinkingblinking)\
**Post date:** [April 21, 2006, 10:44pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/34 "2006-04-21T22:44:39Z")

</div>

[QUOTE=Otto]  
The right to participate in government does not imply the right to be the head of the government.  
[/QUOTE]

Why not? Why should there be a restriction on just two jobs ? Surely that is the discrimination I am talking about. As people have informed me here there is no restriction on all the other Governement positions.

---

<div class="post-metadata">

**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\
**Post date:** [April 21, 2006, 11:25pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/35 "2006-04-21T23:25:27Z")

</div>

Why is there a restriction?

This has been answered. When the constitution was written back in 1787 the were worried about foreign aristocrats being elected president and turning the country into a monarchy. And former colonies getting european lordlings foisted on them as heads of state really did happen, see Emperor Maxmillian of Mexico.

Nowadays we aren’t worried about this, so the requirement is an anachronism. However, we’d need a constitutional amendment to change it. I wouldn’t be surprised to see this amendment enacted someday. Except there’s no pressing need to do it, so no one bothers.

Now, you may be aware that the position of head of state of New Zealand is rather restricted, no? And that of Australia, and Canada, and the United Kingdom? In fact, there are laws that the head of state of the UK has to be a certain religion! Gadzooks, a violation of human rights! Maybe you Kiwis better kick out the royal family and declare yourself a republic before you go looking at the mote in your brother’s eye.

---

<div class="post-metadata">

**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [April 21, 2006, 11:28pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/36 "2006-04-21T23:28:53Z")

</div>

As for questions about other countries that demand natural citizenship for certain positions, _Mexico_ requires natural citizenship for all constitutional offices and for military service. This of course, in response to “Emperor” Maximillian back in the 1860s, and the adventures of Walker in Central America.

As to discrimination, let us remember that “discrimination”, _per se_ is neither right nor wrong – the _kind_ of discrimination, against whom and for what, determines that. In the case of _qualifications_ for holding of office, the UNDHR does not and has never pretended to override the constitutions of its sovereign subscribers. The “basic human right” is to participate in representative government, not to hold one specific office.

---

<div class="post-metadata">

**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\
**Post date:** [April 21, 2006, 11:29pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/37 "2006-04-21T23:29:32Z")

</div>

[QUOTE=spingears]  
Except when the USSC Justices rule on matters not to be found any where in The U S Constitution.  
[/QUOTE]

**spingears**!! You’re doing it again. This is General Questions, not Great Debates or the Pit. Information is welcome. Opinions and snarky comments are NOT.

**samclem** GQ moderator

---

<div class="post-metadata">

**Author:** ![Cerowyn](https://avatars.discourse-cdn.com/v4/letter/c/82dd89/32.png) [@Cerowyn](https://boards.straightdope.com/u/Cerowyn)\
**Post date:** [April 21, 2006, 11:56pm UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/38 "2006-04-21T23:56:42Z")

</div>

[QUOTE=Northern Piper]  
In fact, three of our Prime Ministers were born in Britain: Macdonald and Mackenzie in Scotland, Bowell in England.  
[/QUOTE]  
Wasn’t John Turner born in England, too?

---

<div class="post-metadata">

**Author:** ![blinkingblinking](https://avatars.discourse-cdn.com/v4/letter/b/ea5d25/32.png) [@blinkingblinking](https://boards.straightdope.com/u/blinkingblinking)\
**Post date:** [April 22, 2006, 1:06am UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/39 "2006-04-22T01:06:50Z")

</div>

[QUOTE=Lemur866]

Now, you may be aware that the position of head of state of New Zealand is rather restricted, no? And that of Australia, and Canada, and the United Kingdom? In fact, there are laws that the head of state of the UK has to be a certain religion! Gadzooks, a violation of human rights! Maybe you Kiwis better kick out the royal family and declare yourself a republic before you go looking at the mote in your brother’s eye.  
[/QUOTE]

Obviously I know the restrictions on being King or Queen- head of state of NZ. My OP was obviously talking about NZ’s Prime Minister not having restriction.  
Nowhere have I criticized the USA on its policy nor said it was better for NZ. I was asking a question.  
I was not aware that the USA is NZ’s brother.  
In my studies of Ethics I do not think it is good idea to frame any question in forms of ‘rights’. But I wanted to know from the people that do frame questions in terms of ‘rights’ whether they thought that this restriction on POTUS was thought of as a ‘breach of human rights’.

---

<div class="post-metadata">

**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\
**Post date:** [April 22, 2006, 1:15am UTC](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519/40 "2006-04-22T01:15:54Z")

</div>

[QUOTE=Northern Piper]  
Canada doesn’t. The [Canadian Charter of Rights and Freedoms](http://laws.justice.gc.ca/en/charter/index.html#droits) provides that any citizen is eligible to stand for election to the House of Commons, and thus indirectly provides that any citizen can become Prime Minister:In fact, three of our Prime Ministers were born in Britain: Macdonald and Mackenzie in Scotland, Bowell in England.  
[/QUOTE]

But can any Canadian citizen become Queen or King?

I was at first going to ask that question flippantly; however, it is a serious query now. What if a Canadian woman marries the reigning King?

[Previous page](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519.md?page=1)

[Next page](https://boards.straightdope.com/t/no-person-except-a-natural-born-citizen-shall-be-eligible-to-the-office-of-president/353519.md?page=3)
