Natural-born-citizen clause

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Countries where the president must be a natural-born citizen

A natural-born-citizen clause, if present in the constitution of a country, requires that its president or vice president be a natural born citizen. The constitutions of a number of countries contain such a clause, but there is no universally accepted meaning for the term.

Nations that have the requirement[]

Albania[]

As of Article 89 of the Albanian Constitution sets the following qualifications for holding the presidency, to be a natural-born citizen of the Albanian Republic, to be at least forty years old and to be a resident in the Republic of Albania for at least ten years.[1][2]

Angola[]

Article 110 of the 2010 Constitution provides that "Natural born Angolan citizens of over 35 years of age, living in the country for the last 10 years, and enjoying full civil and political rights shall be eligible to the post of President of the Republic."[3]

Argentina[]

Section 90 of the Argentine Constitution establishes the requirements for becoming president. The President must be a natural-born citizen of the country

Belarus[]

In order to be able to run for office, a candidate must be a Belarusian citizen by birth that is over thirty-five years old. The candidate must also reside within the republic for ten years and he or she must be able to cast a ballot legally. The provisions are set down in Article 80 of the Constitution.[4]

Brazil[]

Main article: President of Brazil

Article 14, Section III (3) of the Constitution requires a candidate to be:[5]

  • Born in Brazil, or a native citizen.
  • Eligible to vote.
  • Registered to vote.
  • Living in electoral district.
  • Member of a political party.
  • Minimum age of 35.

Chile[]

The Constitution of 1980 and its 2005 amendment establishes the requirements for becoming president. The president must be a natural-born citizen of the country, or else born overseas when one of his or her parents or grandparents is a Chilean national. The president must also be at least 35 years old.[6]

Colombia[]

Colombian Constitution of 1991 Article 191: states that the president must be a natural born citizen of Colombia and at least 30 years of age.[7]

Costa Rica[]

According to Article 131 of the Constitution, The following is required to be president or vice president of the Republic: be Costa Rican by birth and a citizen in exercise.

Finland[]

According to the first paragraph of Section 54 of the Finnish Constitution, "The President shall be a native-born Finnish citizen."[8][9][10]

Ghana[]

According to Chapter 8, Article 62 of the 1992 Constitution of Ghana, a person shall not be qualified for election as the president of Ghana unless that person is a citizen of Ghana by birth

Honduras[]

To be eligible to run for president in Honduras, the candidate is required to be a natural-born Honduran.

Kenya[]

The person to be elected as president should be a Kenyan citizen by birth,[11]

Liberia[]

To be eligible for office under the Liberia Constitution, a presidential candidate must:

  • be a natural born citizen of Liberia" (per Art, 27)(b) of the Constitution; citizenship is limited to "persons who are Negroes or of Negro descent".

Mexico[]

The constitution of Mexico requires the candidate to be natural-born citizen of Mexico with at least one parent who is a natural-born citizen of Mexico. The person should be at least 35 years of age and should have resided in Mexico for at least 20 years in his entire lifetime and for the entire year before the election. The person should not be a secretary or under-secretary of state, attorney general, or governor of a state at least 6 months prior to the election.[12]

Nigeria[]

Chapter VI, Part I, Section 131 of the constitution states that a person may be qualified for election of the office of the president if they are a citizen of Nigeria by birth.[13]

Philippines[]

Main article: President of the Philippines

Article VII, Section 3 of the 1987 Constitution provides that no person may be elected president unless he or she is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least 40 years of age on the day of the election, and a resident of the Philippines for at least 10 years immediately preceding such election.[14] Natural-born Filipinos are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those whose fathers or mothers are citizens of the Philippines at the time of their birth and those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority are considered natural-born Filipinos.[15] The President of the Philippines (Filipino: Pangulo ng Pilipinas; Spanish: Presidente) is both head of state and head of government of the republic. The President of the Philippines is leader of the executive branch and commander-in-chief of the Armed Forces of the Philippines.

Syria[]

A new constitution was approved in February 2012.[16] Article 84 of Syria's 2012 constitution requires that candidates for the presidency must:[17]

  1. Be Syrian by birth, of parents who are Syrians by birth

Uganda[]

Qualifications of the President according to Constitution of Uganda. (Article 102) A person to qualify for election as president must be— (a) a citizen of Uganda by birth; (b) not less than thirty-five and not more than seventy-five years of age; and (c) qualified to be a member of Parliament.[18][19][20]

United States[]

Main articles: Natural-born-citizen clause (United States), President of the United States § Eligibility, and Article Two of the United States Constitution § Clause 5: Qualifications for office

The president and vice president must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States of America for at least 14 years.

Uruguay[]

The Constitution amendment establishes the requirements for becoming president. Article 151 establishes that the President must be a natural-born citizen of the country, or have been born to an Uruguayan citizen if born abroad. The President must also be at least 35 years old and be registered in the National Civic Registry.[21]

Venezuela[]

According to articles 227 and 229 of the Constitution of Venezuela, adopted in 1999, the following requirements must be met in order to become President of Venezuela:[22]

  • Being a Venezuelan citizen from birth and possessing no other nationality.

See also[]

References[]

  1. ^ "KUSHTETUTA E REPUBLIKËS SË SHQIPËRISË" (PDF). wipo.int (in Albanian). p. Article 86.2.
  2. ^ "1998 CONSTITUTION OF THE REPUBLIC OF ALBANIA". osce.org. p. 17. Only an Albanian citizen by birth who has resided in Albania for not less than the past 10 years and who has reached the age of 40 may be elected President.
  3. ^ "Constituição da República de Angola" (PDF). Retrieved 16 August 2020.
  4. ^ Webportal of the President of the Republic of Belarus Section Four of the Constitution Archived December 17, 2007, at the Wayback Machine. Published 1994, amended in 1996. Retrieved June 7, 2007.
  5. ^ "Brazil - Constitution". Retrieved 2009-01-19.
  6. ^ "Archived copy". Archived from the original on 24 July 2016. Retrieved 17 July 2016.CS1 maint: archived copy as title (link)
  7. ^ "Requisitos para ser candidato presidencial" (in Spanish).
  8. ^ "The Constitution of Finland 731/1999" (PDF). Finlex - a database of Finnish legislation. Retrieved 19 July 2021.
  9. ^ https://www.presidentti.fi/halonen/public/default47d5.html?nodeid=41437&culture=en-US&contentlan=2
  10. ^ https://www.infofinland.fi/en/information-about-finland/finnish-society/elections-in-finland
  11. ^ "14. Citizenship by birth - Kenya Law Reform Commission (KLRC)". www.klrc.go.ke. Retrieved 2020-09-02.
  12. ^ "¿Ser presidente de México es complicado? Estos son los requisitos". Milenio (in Spanish). Mexico City. 2020-08-13. Retrieved 2021-05-26.
  13. ^ "CONSTITUTIONAL REQUIREMENTS FOR CONTESTING ELECTIONS: OFFICE OF THE PRESIDENCY". Retrieved 2020-05-25.
  14. ^ Article VII of the 1987 Constitution of the Republic of the Philippines.
  15. ^ Philippine Consulate General Vancouver
  16. ^ MacFarquhar, Neil; Cowell, Alan (February 27, 2012). "Syrians Said to Approve Charter as Battles Go On". The New York Times.
  17. ^ "Syrian Arab Republic's Constitution of 2012" (PDF). ConstituteProject.org. February 26, 2012. Retrieved June 19, 2017.
  18. ^ https://www.facebook.com/UgandaConstitution/posts/1365850310178785
  19. ^ https://www.facebook.com/UgandaConstitution/posts/qualifications-of-the-president-article-102a-person-to-qualify-for-election-as-p/773936029370219/
  20. ^ https://www.helplinelaw.com/law/uganda/constitution/constitution08.php
  21. ^ "Constitución de la República Oriental del Uruguay". www.impo.com.uy. Retrieved 1 May 2020.
  22. ^ Constitution of the Bolivarian Republic of Venezuela, Chapter 11 – National Executive Power
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