Can Someone Born in a Non-State Country Become President of the United States After It Becomes a State?

The U.S. Constitution, specifically Article II, Section 1, Clause 5, sets forth clear criteria for eligibility to the office of the President. According to the Constitution, only 'a natural born Citizen or a Citizen of the United States at the time of the Adoption of this Constitution' can serve as President. This article explores whether someone born in a country that is not a state in the U.S. but later becomes one can still run for president.

The Legal Framework

The question of whether someone born in a territory of the U.S. that later becomes a state after the Constitution was adopted can become president has not been litigated. However, based on the constitutional requirements, such individuals are unlikely to meet the necessary criteria. The Constitution specifies two categories for eligibility: 'natural born Citizen' and 'citizen of the United States at the time of the Adoption of this Constitution.'

Definition of 'Natural Born Citizen'

The term 'natural born Citizen' is not defined in the Constitution. It is commonly interpreted to mean a person who is a citizen from birth and is subject to the jurisdiction of the United States.

Eligibility at the Time of Adoption

The Constitution also includes the condition that a person must have been a citizen of the United States at the time of the Constitution's adoption. This is a critical point. For example, someone born in Puerto Rico prior to January 13, 1941, to non-U.S. citizen parents is not considered a natural-born citizen because they were not a U.S. citizen at the time of birth or at the time of the Constitution's adoption.

Impact of Statehood

While the admission of a territory as a state may affect the citizenship status of its residents, it does not retroactively grant citizenship to individuals who were born before the territory's statehood. For instance, if someone was born in Puerto Rico prior to January 13, 1941, and later Puerto Rico became a state, that person would still not be eligible based on their birth status.

Legislative Intervention

There have been legislative interventions in certain cases. For example, Congress passed a law known as 8 U.S.C. § 1402, which declared that anyone born in Puerto Rico after January 13, 1941, and subject to the laws of the United States was a U.S. citizen at birth. However, this applies only to births occurring after the specified date.

Conclusion

In summary, the constitutional provisions regarding eligibility for the presidency based on citizenship status at birth and at the time of constitutional adoption make it unlikely that someone born in a territory that later becomes a state can meet these criteria. The complexity arises from the interplay between constitutional intent, legislative actions, and historical-cultural factors. Further clarification or legal action might be required to definitively address such cases.

Keywords: president eligibility, Constitution, U.S. citizenship