[News Terms] Haley Following Trump? The 'Federal Constitution' Gaining Attention in the US Presidential Election

As the U.S. presidential election heats up, the U.S. federal constitution, which defines the qualifications for the presidency, is drawing attention. There has been controversy over the interpretation of Section 3 of the 14th Amendment regarding former President Donald Trump's eligibility to run for president. Recently, a conspiracy theory has emerged claiming that Nikki Haley, former U.S. Ambassador to the United Nations, who has been rising in the polls, is constitutionally ineligible to become U.S. president or vice president.

One of the Republican presidential primary candidates, former U.S. Ambassador to the United Nations Nikki Haley, is campaigning on the 2nd (local time) at the Sea Country Club in Rye, New Hampshire, USA. [Image source=Yonhap News]

The U.S. federal constitution was enacted in 1787 when 55 representatives from the 13 states that gained independence from Britain in 1783 gathered in Philadelphia to establish a new government. Ratified in 1788 and effective from 1789, it is the supreme law of the United States, consisting of seven articles and 27 amendments. The seven articles divide the federal government into the legislative, executive, and judicial branches, outlining the powers and responsibilities of each branch, serving as a platform to secure national authority. In contrast, most content typically included in other countries' constitutions, such as human rights and bills of rights, is contained in the amendments. These amendments are considered the core of the U.S. Constitution. Unlike the Korean constitution, where old provisions are deleted upon revision, the U.S. Constitution retains invalidated provisions after amendments. When amended provisions conflict, the latter takes precedence.

The regulations concerning the president are found in Article II of the seven articles, which includes four sections: presidential elections and powers, presidential authority, reporting and convening Congress, and impeachment. Among these, the qualifications for presidential candidacy are specified in Section 1, Clause 5. According to this, a person who is not a natural-born U.S. citizen or was not a U.S. citizen at the time of the constitution's enactment cannot be appointed president. Those under 35 years old or who have not resided in the U.S. for 14 years are also ineligible to run for president. Additionally, the amendments include provisions such as the election of the president and vice president (12th Amendment), terms of the president and federal legislators (20th Amendment), the two-term limit for the presidency (22nd Amendment), and presidential disability and succession (25th Amendment).

On the 10th (local time), former President Trump posted on his social media platform Truth Social an article from Gateway Pundit claiming that because Haley was born in South Carolina in 1972 to parents (of Indian origin) who were not U.S. citizens at the time, she is constitutionally ineligible to become president or vice president. The argument is that this does not comply with the constitutional requirement that the president must be a U.S. citizen from birth.

However, this is clearly fake news when looking at the constitution. Section 1 of the 14th Amendment, which outlines the status, qualifications, rights, and conditions for deprivation of U.S. citizenship, states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Therefore, Haley, born in the U.S., was a U.S. citizen from birth, making this controversy baseless. Furthermore, there are no issues regarding age or residency period as stipulated in Article II.

Meanwhile, the 14th Amendment is also attracting attention due to its relevance to the controversy over former President Trump's eligibility. Section 3 of the 14th Amendment states: "No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." The Colorado Supreme Court, considering the January 6 Capitol riot, ruled that Trump participated in the insurrection and ordered the state government to exclude him from the Republican presidential primary ballot.