A helpful (and close) analogy as to the "natural-born citizen" question?

Volokh, Eugene VOLOKH at law.ucla.edu
Fri Oct 31 10:25:46 PDT 2008


	Blackstone also reports that a "naturaliz[ed]" alien in England
-- as opposed to one "born in the king's ligeance" -- couldn't be a
member of Parliament or a holder of various offices.  James Wilson's
Lectures on Law, delivered in 1790 to 1791, discuss this (specifically
treating "a subject natural born" as the antonym of "a subject
naturalized").  It seems quite likely that the limitation of the
Presidency to "natural-born citizens" was understood as a vastly
narrowed version of the English limitation of high government office to
natural-born subjects.

	Did this English office-holding disability extend to English
citizens' children who were born outside the King's dominions, or did
some such people hold office?  If they were seen as being entitled to
hold office, then it supports my reading of the earlier Blackstone
passage, which treated them as being "natural-born subjects" (even
though their status was conferred by statute).  And the same, I think,
would apply to the American Presidency.

	Eugene


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