Legal Question in Constitutional Law in District of Columbia
Presidential citizenship reuirements
I am currently in the US Navy stationed overseas in Sicily. My wife and I just learned that she is pregnant. Upon passing this news; someone mentoned that my son or daughter would never be able to run for U.S. President since he or she will be born in Italy at a U.S. Naval Hospital. I wasnt sure of the facts so I went and printed out a copy of Article II Section I of the U.S. Constitution and to my astonishment; it was true. My wife and I are both natural U.S. citizens and both serving on active duty and I'm apalled that my child would be denied this opportunity. My question is: Has there ever been a challenge to this in the U.S. Supreme Court or any attempt to create an ammendment to resolve this incredible injustice to men and women all over the world serving their country? I would be greatly appreciative if you could assist me in obtaining this information. Thank you.
2 Answers from Attorneys
Re: Presidential citizenship reuirements
It is indeed true. Your child will be a "Statutory Citizen" I don't know of any challenge. The closest facts that I know of were that it was raised in 1968 when George Romney, then Governor of Michigan ran for President. He was born in Mexico. The only way to change that law is to amend the constiution. The situation may be changing. There is a recent court decision challenging the statute by a man born in Jamaica to an American father. The son challenged the statute on the basis that citizenship is only granted to those born ofAmerican mothers who are out of the country. He won on appeal of deportation proceedings. Where it goes from there I don't know.
Re: Presidential citizenship reuirements
Hello. I understand your
concerns. To my knowledge
there has been no recent
challenge of this requirement.
You may want to talk to your
commanding officer about a
short leave to allow you and
your wife to be in the States
only for the birth of your
child here. Write your U.S.
Congressman and Senator as
well.
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