Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-02
IHerter's Eligibility

Sn9sObSBSy
Prior to Mr.. StaSsen'S recent
proposal that Governor Herter
should be nominated as a can
didate for Vice President, sug-
geStlons were recorded in the
press with regard to his nom-
lnation as candidate for
President. Friendly comments
as to the availability of the
well-known statesman who has
rendered distinguished services
to his State and to the Nation
were made at time when
President Eisenhower had not
announced his intention to
stand for a second term. I
read a newspaper report to the
effect that some experts" had
expressed the opinion that the
Governors birth abroad did
not disqualify him from hold
ing the position of President.
The experts were not named,
and no information was fur
nished as to any basis for such
an opinion. Naturally, the same
legal qualifications are pre-
scribed in the Constitution for
the President and for the Vice
President.
1t would seem that a casual
reading of provisions of the
Fourteenth Amendment of the
Constitution of the United
States which are def1nitive of
citizenship should clearly re-
veal that the reported opinion
of the experts is erroneous.
This conclusion can readily be
reached without detailed anal
ysiS of judicial decisions and
opinions bearing on the con-
struction of the amendment.
Limitations OF a brief state
ment prevent me from I'M
dertaking such analysis of
numerous, interesting cases.
Section / of Amendment XIV
reads in part: "All persons
born or naturalized in the
United States, and subject to
the Jurisdiction thereof, are
citizens of the United States
and of the State wherein they
reside" This provision, in so
far as it relates to native cit
liens. is declaratory of the
common law doctrine that
place of birth determines ma
tionality. Obviously, the CLASH
fication of naturalized citizens
is distinct from that of native
citizens. Citizens not born
within the United States are
naturallzed citizens. among
whom are included persons
born abroad of American par
entage. In the statement of
legal qualifications of the Pres
ident, the trainers of the Con-
stitution made use of the
common law term. natural
born"
At an early date, the element
of citizenship through descent
was incorporated, through
statutory provisions. into
English law and into the law
of the United States. In the
case of United States v. Wong
Kim Ark, 1863 U. S. $40, Mr..
Justice Gray, speaking for the
court, cited three such acts of
Congress which became effec-
tive on March 10, 1890, April
IA. 1902, and February 10.
1855. respectively. These laws
conferred citizenship on chill
dren born abroad of American
parents. Persons for whose
benefit such laws were enacted
acquire their form of citizen
ship at birth, through con-
gressional legislation. TIL e
present applicable statutory
provisions had foundation in
the only provision of the Con-
stitution which confers power
on Congress to deal with ques-
tions pertaining to citizen
ship. namely. the power. found
in Section 8 of Article I, TO
establish an uniform rule Of
naturalization" Native citi-
zens derive their status at
birth, solely by virtue Of rights
conferred in the Constitution.
The following excerpts from
the opinion Of the court in the
Wong Kim Ark case clarity
some obscurities or inaccura-
cies that may have slipped
into other opinions:
s"This sentence Of the Four
tenth Amendment is declara-
tory Of existing rights, and
affirmative of existing law, as
TO each Of the qualifications
therein representation in
the United States. natural
lied in the United States, ;
and subject to the jurisdiction
thereof'-in short, as 10 every
thing relating to the acquisi-
ton Of citizenship by facts
occurring within the United
States. But II has not touched
the acquisition OF citizenship
bv being born abroad Of Amer