Thursday, June 30, 2011

The Express Lane To Natural Born Clarity

By Leo Donofrio, Esq
June 30, 2011

The US Supreme Court definition of an Article 2 Section 1 natural-born citizen as stated in Minor v Happersett is strictly limited to those persons born in the United States to parents who were citizens.  Below, I will make this crystal clear with stealth to reduce the complexities of the issue into a refined exposition and mantra the average citizen will easily comprehend.


The Supreme Court in Minor specifically avoided construing the 14th Amendment as to the issue of whether Virginia Minor was a US citizen.  Instead, the Court looked no further than the natural-born citizen clause in Article 2 Section 1.  The Court held that Minor was a member of the "class" of persons who were natural-born citizens.  They defined this class as those born in the US to "parents" (plural) who were citizens.  (For more detailed analysis of this issue, see my two previous reports, here and here.)

The Court also noted that the "citizenship" of those born to non-citizen parents was subject to doubt. 

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