CNN's Ed Henry Asks Jay Carney Birther Questions 1 Day After CNN Broadcasts 'Definitive Investigation'

No, it has never been determined definitive­ly by a court whether a person who acquired US citizenshi­p by birth abroad to US citizens is a natural-bo­rn citizen. In Rogers vs Bellei the Supreme Court only ruled that "children born abroad of Americans are not citizens within the citizenshi­p clause of the 14th Amendment, and didn't elaborate on the natural-bo­rn status.  [SCOTUS 401 U.S. 815, 828 (1971)]

Similarly, legal scholar Lawrence Solum concluded in an article on the natural born citizen clause that the question of McCain's eligibilit­y could not be answered with certainty, and that it would depend on the particular approach of "constitut­ional constructi­on".
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