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Election Law

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Scholarly Articles

2005

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Full-Text Articles in Law

Natural Born In The U.S.A.: The Striking Unfairness And Dangerous Ambiguity Of The Constitution’S Presidential Qualifications Clause And Why We Need To Fix It, Sarah Helene Duggin, Mary Beth Collins Jan 2005

Natural Born In The U.S.A.: The Striking Unfairness And Dangerous Ambiguity Of The Constitution’S Presidential Qualifications Clause And Why We Need To Fix It, Sarah Helene Duggin, Mary Beth Collins

Scholarly Articles

This article explores the controversy surrounding the natural born citizenship proviso in order to demonstrate why a constitutional amendment is necessary to eliminate its inherent inequity and uncertain applicability, and to offer substantive recommendations for initiating such an amendment. Part I begins with a brief discussion of the historical and legal context of the natural born citizenship proviso. Part II explores the elusive nature of the term "natural bom Citizen," and Part III focuses on the perils of passively awaiting judicial resolution of its meaning. The structural and policy reasons why limiting the Presidency to natural born citizens is inconsistent …