With the 2016 Presidential race starting to heat up, several politicians have officially
thrown their hats into the ring.
As usual, a number of political analysts have already started to question the candidates’
constitutional qualifications, namely that of Ted Cruz, who was born in Canada.
So we wanted to know, who is allowed to run for president?
Well, according to the Constitution, there are only three major qualifications to run
for President.
You must be a natural-born citizen, at least 35 years old, and have been a permanent resident
of the United States for no less than 14 years.
There are also a few situations that could limit your eligibility.
If you’ve been impeached and convicted, the Senate can prevent you from serving as
President.
Additionally, part of the 14th amendment says that if you take part in a rebellion or insurrection
against the United States, after swearing an oath to the Constitution, you are disqualified
from holding the Presidential office.
However, that one can be overturned by a two-thirds vote from Congress.
Now, many people assume that in order to be a natural born citizen, you must be born within
the physical borders of the United States.
But the constitution does not actually define what a natural born citizen is.
In 2011 a Congressional Research Service report clarified the distinction.
A person born outside the country can qualify as long as one of their parents is a US citizen.
This is known as “jus sanguinis” or, “the law of descent”, as defined by British common
law at the time of the Constitution’s creation.
This is in addition to the concept of “jus soli”, or being born on US territory.
Essentially, if you are automatically granted US citizenship at birth, then you fulfill
the requirement.
It is important to note that the United States Supreme Court has never addressed this question
directly.
As is stands, most legal experts say that Ted Cruz’s Canadian birth by his American
citizen mother seems to qualify the candidate as having fulfilled the natural born citizen
requirement.
Had Barack Obama actually been born outside of the country, this interpretation would
have also qualified him, as his mother was an American citizen at the time of his birth.
In any case, without a constitutional amendment or Supreme Court ruling, there is no 100%
clear answer as to what defines a natural born citizen, and who is allowed to run for
president.
But in legal circles, there is little debate.
So, if you meet the requirements, then by all means, register as a candidate with the
FEC and run for president.
Make sure to mention Test Tube Daily in your Inaugural Address.
The Supreme Court plays an important role in american politics, but they’re actually
becoming more and more divided by party lines.
To learn about how the bias of the supreme court is increasing, check out our video here.
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