Related Citations
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Michael Ramsey, The Original Meaning of “Natural Born,” 20 U. Pa. J. of Const. Law 199 (2017).
Defending a broad view of the original meaning of the eligibility clause and arguing that Congress can create categories of “natural born” citizens by statute.
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Saul Cornell, The 1790 Naturalization Act and the Original Meaning of the Natural Born Citizen Clause, A Short Primer on Historical Method and the Limits of Originalism, 2016 Wis. L. Rev. Forward 92 (2016).
Arguing that originalist interpretations of the Natural Born Citizen Clause demonstrate that originalism is a flawed method of determining the original meaning of a statute and advocating for a more historical, contextual method of statutory interpretation.
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John Ira Jones IV, Natural Born Shenanigans: How the Birther Movement Exacerbated Confusion Over the Constitution’s Natural Born Citizen Requirement, 27 Regent Univ. L. Rev. 155 (2015).
Proposing that “natural born citizen” was a term of art with a fixed meaning at the time of the Founding and that the Framers intended only those born in the United States to two citizen parents to qualify as “natural born citizens.”
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Neal Katyal & Paul Clement, On the Meaning of “Natural Born Citizen,” 128 Harv. L. Rev. Forum 161 (2015).
Looking to British common law and multiple enactments of the First Congress to conclude that the original meaning of “natural born citizen” includes persons born abroad to a U.S. citizen parent.
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Mary Brigid McManamon, The Natural Born Citizen Clause As Originally Understood, 64 Catholic U. L. Rev. 317 (2015).
Examining English common law sources, the Constitutional Convention debates, and the Fourteenth Amendment’s ratification process to determine that early Americans would not, in general, have believed that a child born to American parents in a foreign country was a “natural born citizen.”
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William T. Han, Beyond Presidential Eligibility: The Natural Born Citizen Clause As A Source of Birthright Citizenship, 58 Drake L. Rev. 457 (2010).
Critiquing early originalist scholarship on the Natural Born Citizen Clause, arguing that the Clause implies the existence of birthright citizenship, and suggesting that children born abroad to citizen parents are “natural born citizens.”
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Lawrence B. Solum, Originalism and the Natural Born Citizen Clause, 107 Mich. L. Rev. First Impressions 22 (2008).
Arguing that the original public meaning of the phrase “natural born citizen” may not suffice to answer the question of whether some individuals are eligible for the office of President of the United States.
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Robert W. Bennett, Originalism: Lessons From Things That Go Without Saying, 45 S.D. L. Rev. 645 (2008).
Critiquing originalists’ claim that careful historical research and analysis can provide clear answers to questions about the meaning of ambiguous constitutional phrases like “natural born citizen.”
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Sarah Helene Duggin & Mary Beth Collins, ‘Natural Born’ in the USA: The Striking Unfairness and Dangerous Ambiguity of the Constitution’s Presidential Qualifications Clause and Why We Need to Fix It, 85 B.U. L. Rev. 53 (2005).
Exploring the historical and legal context of the Natural Born Citizen Clause and arguing that a constitutional amendment is necessary to clarify the clause.
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Malinda L. Seymore, The Presidency and the Meaning of Citizenship, 2005 BYU L. Rev. 927 (2005).
Examining the origins of the Natural Born Citizen Clause, arguing that the Fourteenth Amendment repealed the natural-born citizenship requirement and proposing a constitutional amendment to officially eliminate natural-born citizenship as a requirement to serve as President of the United States.
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Christina S. Lohman, Presidential Eligibility: The Meaning of the Natural-Born Citizen Clause, 36 Gonz. L. Rev. 349 (2000).
Documenting the history of the Natural Born Citizen Clause and concluding that the Framers intended all foreign-born children of American citizen parents to be eligible for the office of the presidency.
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M.B.W. Sinclair, Postmodern Argumentation: Deconstructing the Presidential Age Limitation, 43 NY L. Rev. 451 (1999).
Examining five main deconstructionist arguments used to define the meaning of the presidential age limitation and finding the arguments unpersuasive.
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Jordan Steiker, Sanford Levinson, & J.M. Balkin, Taking Text and Structure Really Seriously: Constitutional Interpretation and the Crisis of Presidential Eligibility, 74 Tex. L. Rev. 237 (1995).
Arguing that the plain meaning of the Natural Born Citizen clause limits presidential eligibility to those who were citizens of the United States at the time of the Constitution’s adoption in 1788.
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Jill A. Pryor, The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty, 97 Yale L.J. 881 (1988).
Critiquing the “traditional” approach to the Natural Born Citizen Clause as indeterminate and presenting textual and structural support for a reading of the clause that allows Congress to define which classes of people are citizens upon birth and thus eligible for the presidency.