Could a foreign born citizen ever become president?

by DjLionOrder

I'm not sure if this is the forum for this, but recently started watching designated survivor, the TV show. If a cabinet member or secretary of state was foreign born and then had to be sworn in the event of something like what happened on the show, would it be in violation of the constitution? Would it even be allowed?

brandonsmash

From the US Constitution, Article II, Section 1

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; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

A foreign national may never be President according to the current iteration of the US Constitution. However, the Constitution does not lay out a definition of "natural born citizen;" it is largely interpreted to mean one who is legally born in the United States, though it would also extend to a foreign-born US Citizen who meets the criteria of US citizenship at the time of birth (perhaps a child of US citizens serving abroad in the military, for instance) according to the Naturalization Act of 1790.

There is no provision for a path to Presidency for foreign citizens, immigrants, or those awarded citizenship after birth.

kaisermatias

A follow-up question that may help with this:

In 2008 and 2016, John McCain (Panama Canal Zone) and Ted Cruz (Canada) ran for president, respectively, while being foreign-born (though McCain's is muddled due to the Canal Zone being under US control). Neither saw any issues with it due to being US citizens from birth, and in order to not break the 20-year rule, I am curious if there has been other cases in the past of foreign-born US citizens running for president, and if that was ever a contested matter.