Presidential Eligibility

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.

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.

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.”

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.

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.”

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.”

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.

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.”

Exploring the historical and legal context of the Natural Born Citizen Clause and arguing that a constitutional amendment is necessary to clarify the clause.

Examining the origins of the Natural Born Citizen Clause, arguing that the Fourteenth Amendment repealed the natural-born citizenship requirement and proposing a constitutional amendment to officially eliminate natural-born citizenship as a requirement to serve as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.

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.

Examining five main deconstructionist arguments used to define the meaning of the presidential age limitation and finding the arguments unpersuasive.

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.

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.