Born in the U.s.a., but Not Natural Born: How Congressional Territorial Policy Bars Native-born Puerto Ricans from the Presidency

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” One of the “best aspects of the American political tradition” is the notion that every American child—regardless of race, creed, gender, or social status—can grow up to become President. On first glance, the language of Article II, Section 1, clause 5 of the United States Constitution enshrines this notion into the highest law of the land— the only permanent discriminatory bar to the American presidency is that candidates be “natural born” citizens. Incorporation of the Twelfth Amendment places the same limitation on eligibility for the vice-presidency. But the meaning of this “natural born” proviso long has been the subject of controversy because it is not defined anywhere in the Constitution. The Supreme Court has ruled without doubt that United States citizens born to parents who are subject to United States juris-