Would the Founders and Framers Have Allowed the Son of a British “Natural Born Subject” Father and U.S. Citizen Mother To Be President and Commander in Chief of the United States in 2009?

Sometimes it helps to break down a problem into its simple form in order to understand it better. Consider this.

“The colonial history of Kenya dates from the Berlin Conference of 1885, when the European powers first partitioned east Africa into spheres of influence. In 1895, the British Government established the East African Protectorate and, soon after, opened the fertile highlands to white settlers. In 1920, Kenya officially became a British colony. From October 1952 to December 1959, Kenya was under a state of emergency arising from the Mau Mau rebellion against British colonial rule. Kenya became independent on December 12, 1963, and the next year joined the Commonwealth.”  http://www.uiowa.edu/~africart/toc/countries/Kenya.html.

Now let us apply this historical background to a factual scenario.  We are in the time period after the Constitution is adopted in 1787. A man is born in a British colony as a British "natural born subject." He comes to America just to study, with the intent to return to that British colony upon completion of his studies. While in America, he impregnates an American citizen. The two then marry and have a child who, let us assume for sake of argument, is born in one of the United States in 1961. The British man then finishes his studies and goes back to his native land, leaving both his wife and son in America. The wife eventually divorces this man.

Query: Would the Founders and Framers, who wanted to assure the preservation of the new constitutional republic which they built with blood, sweat, and tears shed in a war with Great Britain, and who wrote in the Constitution that after its adoption only a “natural born Citizen” is eligible to be President, have allowed the child of that British "natural born subject" father and American citizen mother to be eligible to be President and Commander in Chief of the Military in 2009?

Your comments and analysis are welcomed.

Mario Apuzzo, Esq.
http://puzo1.blogs.com
December 16, 2010
Modified on January 9, 2010
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