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Home / What Are the Constitutional Requirements to Become President

What Are the Constitutional Requirements to Become President

The Constitution of the The states provides several basic requirements for eligibility to be elected to the office of President. Individual states did not introduce significant relevant legislation until Barack Obama was elected in 2008. The controversy generated by diverse conspiracy theorists who asserted during the 2008 presidential ballot campaign that Obama was non a natural-built-in U.S. citizen, equally mandated by the Constitution, and thus was ineligible to be President of the U.s., prompted several state legislatures to consider legislation aimed at requiring futurity presidential candidates to show proof of presidential eligibility before being granted election access in their state.

Background

Commodity Two, Section 1, Clause 5 of the Constitution sets only three qualifications for holding the presidency. To serve every bit president, i must:

  • be a natural-born U.South. citizen of the The states;
  • be at least 35 years one-time;
  • be a resident in the U.s. for at to the lowest degree fourteen years.[one]

A person who meets the above qualifications could still not be qualified to hold part if they have exceeded the term limits of the 22nd subpoena,[ii] [3] or if they have been disqualified from property whatsoever "role of honor, trust, or profit nether the U.s.a." – a legal term which, debatably, may or may not include the Presidency also[4] – following either impeachment and conviction under Article I, Section three, Clause vii,[5] or rebellion against the U.s.a. and subsequent disqualification under Section three of the Fourteenth Amendment.[6] [7]

2009 proposed federal legislation

In March 2009, Representative Nib Posey, a newly elected Republican from Florida's 15th congressional district, introduced a nib, H.R. 1503, in the U.S. Business firm of Representatives. Had this bill been enacted into constabulary, it would take amended the Federal Ballot Campaign Act of 1971 to require candidates for the Presidency "to include with the [campaign] committee's statement of organization a copy of the candidate's birth document" plus supporting documentation.[8] H.R. 1503 was never voted upon by either firm of Congress and died when the 111th Congress adjourned at the end of 2010.[ix]

Proposed state presidential eligibility legislation postal service–2008

During the 2008 presidential election entrada, there was some controversy generated past conspiracy theorists who claimed that (eventual ballot winner) Obama was not a natural-born U.S. citizen, as mandated by the Constitution, and thus was ineligible to be President of the United States. This prompted, several state legislatures to consider, in the aftermath of the election, legislation aimed at requiring future presidential candidates to show proof of presidential eligibility earlier being granted ballot access in their state.

Alabama

Legislation introduced in Apr 2011 by state Senator Slade Blackwell would require any candidate running for an part with an historic period requirement to present their birth certificate.[ten]

Arizona

On April xix, 2010, the Arizona House of Representatives voted in favor of a rider to require presidential candidates "to submit documents proving they meet the ramble requirements to exist president".[xi] If enacted, the law would give the Arizona Secretarial assistant of State the power to omit a candidate's proper name on the land ballot if there is "reasonable cause" to believe that the documents are not adequate proof of the requirements for role. The rider passed the Arizona House of Representatives on a 31–29 vote, with only Republicans voting in favor and some Republicans joining with Democrats to oppose.[12] The bill then went to the Arizona State Senate, which declined to vote on the neb earlier the April 2010 end of legislative session, the deadline for the bill'southward passage.[xiii] [14] [fifteen]

In reaction to the proposed legislation, The Arizona Republic referred to it equally a "nutty birther beak" that would brand Arizona seem to be a place where "any crackpot whim tin can be enshrined in law".[16] Arizona Republican State Representative Cecil Ash, who supported the bill, appeared on CNN's Anderson Cooper 360° to discuss the bill. Ash stated that he believed President Obama was an American citizen, merely in that location has been "a lot of controversy over the consequence". Cooper so likened the people who believe there is a birth certificate controversy to people who believe the moon is fabricated of cheese and asked Ash if he knew the moon was not fabricated of cheese without investigation. Ash responded in the affirmative.[17] [18]

In January 2011, similar legislation once again was introduced in the Arizona House of Representatives.[nineteen] On April 14, 2011 the Arizona legislature passed a bill requiring presidential and vice presidential candidates to evidence the Arizona secretary of state proof that they are natural-born citizens. Such proof could be either a long-class birth certificate or at least two other forms of accepted proof, such as an early on baptismal certificate, circumcision certificate or hospital birth record.[20] On Apr 18, Governor Jan Brewer vetoed the bill.[21]

A state legislator introduced a similar bill in 2012.[22] In March 2012, a senate committee voted favorably on a bill that would require candidates for the presidency and vice presidency to submit an affidavit attesting to their eligibility to serve.[23]

Colorado

Legislation introduced in April 2011 by xi Republican state legislators would crave whatsoever elected official to provide proof of citizenship before being sworn in.[24] The bill was not voted out of committee.[25]

Connecticut

In Jan 2011, Connecticut state Sen. Michael McLachlan introduced legislation that would mandate presidential and vice presidential candidates to provide their nativity certificates for their names to be placed on the ballot.[26] The neb did not make it out of committee.[27]

Georgia

In April 2010, Georgia country representative Mark Hatfield introduced legislation that would crave presidential and vice presidential candidates to submit an affidavit "stating the candidate's citizenship and age and shall append to the affidavit documents that prove the candidate is a natural built-in citizen, bear witness the candidate's age, and prove that the candidate meets the residency requirements for President of the United States."[28]

In February 2011, Hatfield again introduced similar legislation, but information technology was non voted out of commission.[29] [30]

Hawaii

In May 2010, Hawaii enacted a police allowing the state to ignore requests for data if deemed "duplicative or essentially similar" to a prior query.[31] [32] [33] [34] [35]

In January 2011, Hawaii state representative Rida Cabanilla introduced HB 1116,[36] allowing the Hawaii Department of Health to provide upon asking a copy of the birth certificate of a "person of civic prominence", defined equally a candidate or officeholder for which Usa citizenship is required, and to charge the requesting party a surcharge of $100.[37]

Indiana

In January 2011, Indiana state senator Mike Delph introduced legislation requiring presidential candidates to file a certified re-create of a birth certificate along with boosted documentation to exist on the Indiana election.[38] The legislation was not voted out of committee.[39]

Iowa

In March 2011, Iowa country Senator Kent Sorenson introduced legislation that would require presidential or vice presidential candidates to submit certified copies of their birth certificates, which would exist available for public inspection.[forty]

Kansas

In February 2012, a committee in the Kansas Business firm of Representatives approved a bill that would require candidates for state and federal offices to provide proof of citizenship.[41]

Louisiana

Legislation introduced in April 2011 past state Senator A.G. Crowe and state Representative Alan Seabaugh would require candidates for federal office to file a nascence certificate.[42] The legislation was not voted out of commission.[43]

Maine

State representative Richard Cebra introduced legislation requiring candidates to submit a nativity document and government-issued identification.[44]

Michigan

Legislation introduced in April 2011 by state Representative Mike Callton would require presidential candidates to submit their birth certificates.[45]

Missouri

Constitutional amendment

15 Republican members of the Missouri Business firm of Representatives sponsored an amendment to the Missouri Constitution in March 2009 that would require "candidates who are required by the Constitution of the U.s.a. to be natural born citizens" to provide a birth certificate to the Missouri Secretary of State to ostend their eligibility. A certificate of live birth would not exist accustomed. Failure to comply would result in the candidate being deemed ineligible to stand. The but political offices to be affected would be the President and Vice President, which are the only two positions for which in that location is a specific constitutional citizenship requirement. The proposed amendment is role of a "voter's neb of rights", which would serve "every bit a defense force confronting corruption, fraud, and tyranny". Political commentators interpreted the proposal every bit existence "aimed at advancing the claims of the fringe motion that doubts President Barack Obama's eligibility to serve as president".[46] [47] The proposed subpoena, House Joint Resolution No. 34, was subsequently withdrawn.[48]

Legislation

In January 2011, Republican State Representative Lyle Rowland introduced legislation that would require "proof of identity and proof of United States citizenship" for all presidential and vice-presidential candidates."[49] In May 2011, the requirement that presidential candidates present proof of natural born citizenship was added but subsequently trimmed from an omnibus election law reform bill.[50] Rowland introduced similar legislation in 2012.[51] On March 29, 2012, the Firm of Representatives passed legislation that would require presidential or vice presidential candidates to prove their U.South. citizenship before appearing on the ballot.[52] The bill then passed a Missouri senate committee.[53]

Other

A number of Missouri Republican politicians have connected to support claims and litigation on the citizenship issue. Country Representatives Cynthia 50. Davis, Timothy W. Jones and Casey Guernsey have committed to participating every bit plaintiffs in a lawsuit filed in Missouri challenging Obama'southward citizenship.[54] State Representative Edgar Thou. H. Emery told reporters in July 2009 that he "questions Obama'southward citizenship and ... believes his alleged lack of a legitimate nativity document ignores the Constitution."[55]

Montana

In January 2011, Montana land representative Bob Wagner introduced legislation requiring all candidates for federal office file affidavits with the Montana secretary of land verifying that they are qualified; presidential candidates would be required to provide the state with a valid copy of their nascence certificates.[56]

Nebraska

Proposed legislation introduced in January 2011 would have required a presidential or vice presidential candidate to provide proof of birth that includes the names of the candidate's parents, and proof that the parents were U.s.a. citizens at the time of the candidate's birth; the candidate would also have to swear of affirm, "I was built-in a citizen of the U.s. of America and was subject exclusively to the jurisdiction of the United States of America, attributable allegiance to no other country at the fourth dimension of my birth. On the 24-hour interval I was born, both my birth mother and birth begetter were citizens of the United States of America."[57] The proposed legislation failed to exist voted out of committee.[58]

New Hampshire

Legislation introduced in March 2011 would have required presidential candidates to present their birth certificates when filing their nomination papers; the proposed enactment date was changed to 2013 and thus would not accept afflicted the 2012 presidential elections.[59] The proposed legislation was not voted out of committee.[60]

Like legislation proposed in 2012 too was not voted out of committee.[61]

Oklahoma

Oklahoma Republican country Representative Mike Ritze proposed a bill in December 2008, requiring any candidate for public function in Oklahoma to show proof of citizenship. Ritze declared that he "does not believe Obama submitted an accurate re-create of his birth certificate".[62] He also unsuccessfully approached Oklahoma Republican Senators Tom Coburn and James Inhofe to persuade them to mountain a challenge to Obama's confirmation by Congress.[63] The beak, Business firm Bill 1329, was criticized past The Norman Transcript paper as "an outright attempt to embarrass President Barack Obama whose own citizenship was questioned, mostly past those pajama guerrillas trolling on the Internet".[64] The bill gained a 23–20 vote in favor, but failed to meet the 25-vote threshold required to pass.[65]

In February 2011, similar legislation was reintroduced in the Oklahoma state senate.[66]

Pennsylvania

Legislation introduced in Apr 2011 by state Representative Daryl Metcalfe would crave candidates for president and vice president to provide proof of citizenship to authorize for a spot on the land election.[67]

Tennessee

In Tennessee, four Republican state Representatives—Stacey Campfield, Glen Casada, Frank South. Niceley and Eric H. Swafford—announced in February 2009 that they would exist joining a legal action to strength Obama to release his birth certificate and prove his citizenship. Casada, the Tennessee House Republican caucus chairman, said that he believes Obama has further proof of eligibility, and would similar him to brand it available: "Aye, people may say, y'all're just chasing some conspiracy theory ... [merely] it'south a simple act on his function to just do, and nosotros're done—move on." The culling newspaper Nashville Scene described Swafford equally joining a "wacky legal activeness" and quoted Tennessee business firm Democrat Larry Miller as maxim: "What is the mentality of these kind of people who continuously make these kind of goofy statements? It's embarrassing." Chaser Orly Taitz of California said she planned to file the suit, representing the Defend Our Freedoms Foundation.[68] [69]

Legislation proposed in January 2011 would require anyone running for elected office to furnish a nascence certificate before beingness declared an eligible candidate."[70] Information technology failed to be voted out of a subcommittee.[71]

In Jan 2016, two Autonomous legislators proposed disallowment the Secretary of Country from placing on the ballot any presidential or vice-presidential candidate who was not a natural-born citizen.[72]

Texas

On November sixteen, 2010, Texas state representative Leo Berman introduced legislation requiring any candidate for president or vice president running in Texas to submit to the Texas Secretary of State an "original nativity certificate indicating that the person is a natural-born U.s. denizen." In introducing the neb, Berman said that the "bill is necessary because we accept a president whom the American people don't know whether he was born in Kenya or some other identify." If signed into law, the beak would have result September 1, 2011, about 6 months ahead of the Texas presidential primaries for the 2012 presidential election.[73]

By inserting the discussion "original" into the bill, Berman addressed concerns past conspiracy theorists that other bills that do not contain that word are "flawed". His bill would therefore specifically disallow the use of the reproduced certificate that Obama has used since June 2008 as prove. The legality of such a bill is unknown, as reproduced certificates are generally accepted by authorities agencies as proof of nativity.[74]

References

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Source: https://en.wikipedia.org/wiki/United_States_presidential_eligibility_legislation