Thursday, July 5, 2007

Could Doc Savage ever run for President?

As we all know, Doc Savage was born on the schooner Orion in the Bahamas. This was outside the Continental United States in the waters of a British Protectorate. His father at that time was a British subject and the nationality of his mother Arronaxe Larsen mother is not known. Philip José Farmer states that the Orion was of British Registry.

So could Doc have been President even though he was not born in the continental US?

Here is what I found out about this question:

http://www.presidentsusa.net/qualifications.html

Age and Citizenship requirements - 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.


http://www.usconstitution.net/consttop_citi.html_

Natural-born citizen:

Who is a natural-born citizen? Who, in other words, is a citizen at birth,
such that that person can be a President someday?

The 14th Amendment ( http://www.usconstitution.net/const.html#Am14 )
defines citizenship this way: "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."

But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps.

( http://www4.law.cornell.edu/uscode/8/1401.html )

Section 1401 defines the following as people who are "citizens of the United States at birth:"

* Anyone born inside the United States

* Any Indian or Eskimo born in the United States, provided being a
citizen of the U.S. does not impair the person's status as a citizen of the
tribe

* Any one born outside the United States, both of whose parents are
citizens of the U.S., as long as one parent has lived in the U.S.

* Any one born outside the United States, if one parent is a citizen
and lived in the U.S. for at least one year and the other parent is a U.S.
national

* Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year

* Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21

* Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

* A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
--------------------------------------------

The in light of that final stipulation, the question is whether or not Doc's mother was a US Citizen at the time of his birth. PJF established that Arronaxe Larsen was Doc's mother. Since she was the daughter of Wolf Larsen who ran ships out of American ports, it is possible that she was born in the USA and was a US citizen.

And then there is the loophole that if a child is raised in the US from under the age of 5 and proof of non-citizenship is not provided by age 21, they can be considered natural born. By that standard, even an alien like Superman could be eligible for the presidency.

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