Legal Question in Constitutional Law in Puerto Rico

presidential election

can someone, born in puerto rico with puerto rican born parents, become president of the united states?


Asked on 6/23/08, 6:00 pm

2 Answers from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: presidential election

The rhetorical nature of your question pales in comparison with its impracticality.

For the fun of it, though, a quicker retort:

Why not?

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Answered on 6/23/08, 6:35 pm
James Manning James Manning, PC

Re: presidential election

Article II, Section 1 of the U.S. Constitution states "No Person except a "natural born" Citizen, or a citizen of the United States at the time of the adoption of this Constitution shall be eligible to the Office of President"

This does not provide a clear answer to your question.

There is no case law on point to your question. If there were a case on this topic, the Court would likely look at the intent of the framers.

Obviously the Constitution�s framers wished to exclude newly arrived immigrants admitted to citizenship in the newly formed republic, especially their recent enemies. They had just thrown off an English king and did not wish to see a British president. To presently exclude American citizens born in U.S. territories, however, may not be in line with the intent of the framers. It is possible that the Court may decide that someone born in Puerto Rico can be elected president.

So, the way I see it, there is no definite answer to your question. It is matter of constitutional interpretation.

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Answered on 6/23/08, 10:26 pm


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