Also known as: natural born citizen · natural-born citizen · natural-born citizens · natural born citizen clause
Written by attorneys · grounded in primary & secondary sources — see below
An individual who acquires United States citizenship at birth rather than through later naturalization proceedings. Such status arises either from birth within the United States and subject to its jurisdiction or from birth abroad to at least one citizen parent under the naturalization statutes in force at the time of birth. The category determines eligibility for the office of President under the Constitution.
Nadia Novak, born in Canada to a U.S. citizen mother who had resided in the United States before the birth, announces a campaign for President. Opponents argue that her foreign birth disqualifies her. Election officials confirm her status as a natural born citizen under the operative statute and place her name on the ballot.
Nicholas Nunez, a natural born citizen born in New York to two U.S. citizens, applies for a state civil service position reserved for citizens. The state denies the application on residency grounds unrelated to citizenship status. A court upholds his eligibility because his birthright citizenship satisfies the threshold requirement.
Select any source to read its text and confirm it supports the definition.
Natasha Nielsen, a natural born citizen by virtue of birth in the United States, seeks Medicare eligibility after turning sixty-five. Officials initially question her status because her parents held temporary visas at the time of her birth. The agency ultimately grants benefits once it confirms her birth within the jurisdiction of the United States.
The first Congress enacted a statute treating children of U.S. citizens born outside the country as natural born citizens, provided the father had resided in the United States. Later statutes retained this rule with minor changes in phrasing and emphasis on parental residence.
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The Constitution uses the term in Article II Section 1 to set presidential eligibility but supplies no further definition. Courts and statutes have therefore looked to the common-law understanding and early naturalization acts to determine its scope.
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Natural born citizens acquire citizenship at birth by operation of law. Naturalized citizens acquire it later through a statutory process. Only the former category satisfies the eligibility clause for President.
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Yes. Birth within the United States and subject to its jurisdiction confers citizenship under the Fourteenth Amendment, and that citizenship is treated as natural born for purposes of presidential eligibility.
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…citizens for seven years, Art. I, §2, cl. 2, and Senators citizens for nine, Art. I, § 3, cl. 3, and that the President be a “natural born Citizen.” Art. II, § 1, cl. 5. A multitude of federal statutes distinguish between citizens and aliens. The whole of Title 8 of the United States Code, regulating aliens and nationality, is founded…