The US President must be born in the United States. Have there been any US presidents who were born in territories that later became states? Would that even be allowed under the Constitution?

star_gazer

John McCain, who did not become US president but was nominated by the Republican Party to do so, was born in the Panama Canal territory at a US military base. People did question if this made him "ineligible" under the Constitution but his attornies easily proved that he was. http://www.nytimes.com/2008/02/28/us/politics/28mccain.html Nov 05 08, 10:12 PM

zbeckabee

The Fourteenth Amendment to the United States Constitution provides an additional source of constitutional doctrine that emphasizes birth "in the United States" and subjection to U.S. jurisdiction at the time of birth, as the defining elements of citizenship (other than citizenship by naturalization): “All persons born or naturalized in the United States and subject to the Jurisdiction thereof, are Citizens of the United States and of the State wherein they reside... The 1790 Congress, many of whose members had been members of the Constitutional Convention, provided in the Naturalization Act of 1790 that "And the children of citizens of the United States that may be born beyond the sea, or out of the limits of the United States, shall be considered as natural born citizens." In addition George Washington was president of the Constitutional Convention and President of the United States when this bill became law. The constitutional wording has left doubts about whether those born on foreign soil are on an equal footing with those whose birth occurred inside the country's borders, and whether they have the same rights." Though every president and vice president to date (as of 2008) has either been a citizen at the adoption of the Constitution, or else born in a U.S. state or Washington D.C., a number of presidential candidates have been born elsewhere. MUCH MORE: http://en.wikipedia.org/wiki/Natural-born_citizen#US_constitutional_definition Nov 05 08, 10:29 PM

Arpeggionist

The question is, if Barack Obama had been born before 1959, would he have been eligible for the presidency? Nov 06 08, 6:45 AM

zbeckabee

According to The Immigration and Nationality Act, Title III, SEC. 305. [8 U.S.C. 1405], "A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth." A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900. http://www.law.cornell.edu/uscode/8/usc_sec_08_00001405----000-.html Nov 06 08, 6:50 AM

author

I find this confusing, why these dates: August 12, 1898 and April 30, 1900? I thought Hawaii became a US state in 1959? Nov 06 08, 10:09 PM

zbeckabee

Hawaii was formally annexed on August 12, 1898. On August 12, 1898 - Hawaii was annexed by the U.S. Hawaii was later given territorial status and was given Statehood in 1959. (Annex is a very nice way to put the acquisition of Hawaii.) An Act to Provide a Government for the Territory of Hawai'i, April 30, 1900. http://www.ieatgravel.com/?p=321 http://en.wikipedia.org/wiki/Hawaii http://www.hawaiiankingdom.org/us-occupation.shtml Nov 06 08, 10:15 PM