However, does that make him a "natural born citizen" within the meaning of Article II, Section 1 of the United Sates Constitution?
There is a serious school of thought, supported by historical record, that to be a natural born citizen, one must not only be born on American soil, but also be born of parents who are American citizens.
As I think about that, especially considering how our society has changed from the days when births out-of-wedlock were rare, I have the following questions in analyzing the legal issue:
- If the child is born of a single mother, does it matter the citizenship of the father?
- As to 1, what if the mother does not know who the father is? What if that is impossible to determine?
- If the mother had no relationship with the father at the time of birth or after, why should the father's citizenship matter?
- It is said in the case of Barack Obama that his parents were married, but since the father had another wife in Kenya, was the Hawaii marriage legal? Does that matter as to the natural born citizen determination?
If a court has to make a decision, the court needs to consider the ramifications of any ruling in light of these and similar questions for the future.
I am long on questions, short on answers.
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