After all this time, the "birthers" are still alive and well (if you can call anyone of that persuasion "well"). I know because one of my friends is one of them and he recently informed me that one of his kind had discovered an obscure Supreme Court decision that absolutely proved that Obama lacks the qualifications to be President.
The decision in question is Minor v. Happersett (1875). It is actually a very interesting case in which Mrs. Minor, a native born US citizen and resident of Missouri, sued Mr. Happersett, a registrar of voters, for not allowing her to register to vote because she was a woman. Attorneys for Minor argued that she had a right to vote guaranteed by the 14th Amendment. But the Supreme Court argued that the US Constitution, even as amended, does not prohibit states from denying suffrage to women. Indeed, it was not until the 19th Amendment (1920) that Federal law prohibited states from discriminating on the basis of sex in determining the right to vote.
Since the 14th Amendment deals with citizenship and states that "no State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States," the Court dealt first with Minor's citizenship rights as such. The birthers claim that language in the Minor v. Happersett ruling defines the class of "natural-born citizens" in such a way that Obama could not qualify. In fact, if this were true, large numbers of people would not qualify as natural born citizens, including John McCain, Mitt Romney, and my own step-daughter.
What the 14th Amendment says is that "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 is surely true; however, what this statement does not do is define the class of natural-born citizens. The class of citizens under the 14th Amendment includes persons born in the US of foreign citizens or visitors --- something the birthers do not like --- and excludes persons born outside of the US even though at least one parent is a US citizen. So the birthers cannot depend on the 14th Amendment for their ammunition and, instead, look to the language of the 1875 decision.
So here is the first part of the paragraph that the birthers like. "The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners." This, the birthers claim, defines the class of "natural-born citizens." Of course, what it actually says is merely that no one ever doubted that children born in the US of US parents belonged in that class. That does not define the class; it merely designates an undoubted member of the class.
What is interesting is that the same paragraph continues: "Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens." In other words, the Court acknowledged that there are other routes to membership in the class of "natural-born citizens" but saw no need to argue those issues since Mrs. Minor was clearly a citizen without going into any of those other arguments.
Further into the opinion, it states that legislation "as early as 1790, . . . the children of citizens of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens." The generally accepted membership of the class of "natural-born citizens" is indeed children born in the US (and certain territories) to US citizens, children born in the US to foreign citizens (excluding diplomats), and children born outside of the US to at least one US-citizen parent. Admittedly some people argue with one or another of these members, but the opinion of Minor v. Happersett does not make any judgment about such arguments.
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