[EL] Who is a "Natural Born Citizen

[Greenberg, Kevin]

That is, of course, why a statement broadcast over television or radio is never protected by the First Amendment.  At the time, freedom of speech and freedom of the press did not extend to electronic broadcasts.

There are fun arguments to be had, over, say, people born in a physical jurisdiction that later becomes part of the United States, but anyone who dwells too much on anyone who claims citizenship from being born in the United States or to US citizen parents where there is no bona fide question of fact is trolling.  And needs to be ignored as such.

All that said, in some jurisdictions, a voter may challenge the qualifications of a candidate to appear on the ballot and this issue might be properly raised earlier.  Although I would suggest not since all we are technically voting for are slates of electors.  And the only people ineligible to be electors are Senators, Reps, and federal employees.


Kevin Greenberg
(215) 279-9912


From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Jon Roland
Sent: Friday, January 08, 2016 1:58 PM
To: law-election at department-lists.uci.edu
Subject: Re: [EL] Who is a "Natural Born Citizen

The term "natural born subject", and "subject" is synonymous with citizen, was defined in the 1608 Calvin's Case, authored by Edward Coke. That case should be read closely. We have a link to it at http://constitution.org/abus/pres_elig.htm . The acts that make children of U.S. citizens U.S. citizens at birth, or persons born on the soil of Puerto Rico or other islands, are all naturalization statutes, which cannot redefine a term used in the Constitution. One can be a citizen at birth without being "natural born"m and "natural born" without being a citizen. Two entirely different principles of law.

There are only two points at which judicial intervention might be made: when the secretary of state counts the electoral votes, and when Congress receives them. There might not be particular harm, but that rule is not observed for challenges to election districts, and could be pursued as a declaratory judgment.


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