Beyond Presidential Eligibility: The Natural Born Citizen Clause as a Source of Birthright Citizenship

24 Pages Posted: 29 Apr 2010 Last revised: 28 Jul 2010

William Han

Columbia University - Law School

Date Written: April 27, 2010

Abstract

Beyond serving as a criterion for presidential eligibility, the Natural Born Citizen Clause implies the existence of birthright citizenship. Adopting a "constitutional minimum" approach to the Clause, this Article further argues that the birthright citizenship so implied extends to the first generation born abroad to parents who are United States citizens.

Keywords: Natural born citizen, Constitution, presidential eligibility, birthright citizenship

Suggested Citation

Han, William, Beyond Presidential Eligibility: The Natural Born Citizen Clause as a Source of Birthright Citizenship (April 27, 2010). Drake Law Review, Vol. 58, No. 2, 2010. Available at SSRN: https://ssrn.com/abstract=1596785

William Han (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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