Can someone from American Samoa run for President?
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  Talk Elections
  Presidential Elections - Analysis and Discussion
  Presidential Election Process (Moderator: muon2)
  Can someone from American Samoa run for President?
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Author Topic: Can someone from American Samoa run for President?  (Read 75077 times)
sadtaco
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« Reply #25 on: February 29, 2016, 07:35:31 AM »
« edited: February 29, 2016, 07:37:06 AM by sadtaco »

I think I can clear things up a bit, unless I'm mistaken here.

She is a citizen. So is McCain. But this was an issue with him as well.

When it comes to presidential eligibility, it says they must be a "natural born citizen" which means born in one of the 50 states.

McCain, however, was not born in the USA. Nor was Tulsi Gabbard or Ted Cruz. They are considered naturalized citizens which means they are exactly the same as someone born in the USA except it's a legal grey area when it comes to presidential eligibility.

Congress has the power to define someone has "natural born" however. They passed a law for McCain declaring him as one and have refused to do so for Ted Cruz.

In Tulsi Gabbards case? I think congress would pass the law as it's quite some political suicide to decline to do so for someone like her like it would have been if they didn't for McCain, unlike Cruz.
And if they don't, the courts would decide, and I believe they'd decide the language means the same and we'd never have this problem again for anyone else.
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d32123
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« Reply #26 on: February 29, 2016, 10:21:25 AM »

Normally people who are born in American Samoa are considered American nationals, but are not citizens.  So somebody who was born in American Samoa would normally be ineligible to be President of the United States.  However, Tulsi Gabbard is a natural born citizen, as her mother was a citizen when she was born.  When she turns 35 in April, she will be eligible to be President of the United States.
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sadtaco
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« Reply #27 on: February 29, 2016, 10:35:52 AM »

Yes, but McCain's parents are BOTH American, and one of Cruz's is. It was an issue for them both. It'll be an issue for Tulsi as well.

She will have to get a bill passed in Congress to declare her a Natural Born Citizen, or she will have to win a legal battle challenging it(which she'd probably win, yes, as I said...).
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jfern
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« Reply #28 on: March 28, 2016, 06:21:08 AM »

But, what if, they got American citizenship later (like Tulsi Gabbard)? Would they be considered naturalized and thus ineligible for the Presidency?

Tulsi Gabbard's father was a US citizen, so it doesn't matter where she was born, she was a citizen at birth.
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Famous Mortimer
WillipsBrighton
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« Reply #29 on: April 03, 2016, 07:23:03 AM »

In theory, it's debatable. In practice, if someone born in American Samoa was popular enough to get elected president, I doubt the Supreme Court would overturn such an election.
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