thrown their hats into the ring. As usual, a number of political analysts have already

正式投入競選。如同以往，很多政治分析家已經

started to question the candidates’ constitutional qualifications, namely that of Ted Cruz, who

開始質疑候選人的參選資格，特別是生於加拿大的克魯茲

was born in Canada. So we wanted to know, who is allowed to run for president?

所以我們想知道，究竟誰可以選美國總統？

Well, according to the Constitution, there are only three major qualifications to run

根據美國憲法，參選總統要符合三個條件

for President. You must be a natural-born citizen, at least 35 years old, and have been

必須「生」為美國人、年滿35歲

a permanent resident of the United States for no less than 14 years.

以及長期居住美國達14年以上

There are also a few situations that could limit your eligibility. If you’ve been impeached

但若有以下情況便會失去參選資格，如果曾被成功彈劾

and convicted, the Senate can prevent you from serving as President. Additionally, part

參議院便能阻止你參選總統，另外

of the 14th amendment says that if you take part in a rebellion or insurrection against

美國憲法第14條修正案載明，如果曾經擔任公職

the United States, after swearing an oath to the Constitution, you are disqualified

後又參與反叛美國政府的叛亂事件，便失去參選資格

from holding the Presidential office. However, that one can be overturned by a two-thirds

但是國會能以超過2/3票數取消此限制

vote from Congress.

但是國會能以超過2/3票數取消此限制

Now, many people assume that in order to be a natural born citizen, you must be born within

現在很多人認為生為美國人

the physical borders of the United States. But the constitution does not actually define

必須出生於美國境內，但憲法並沒有明確的定義

what a natural born citizen is. In 2011 a Congressional Research Service report clarified

2011年，美國國會研究服務處提出報告釐清條件

the distinction. A person born outside the country can qualify as long as one of their

生於境外的人只要父母其一是美國公民即取得國籍

parents is a US citizen. This is known as “jus sanguinis” or, “the law of descent”,

這是「血統主義」，或稱「屬人主義」

as defined by British common law at the time of the Constitution’s creation. This is

在美國憲法編纂之初便明定於英國海洋法當中

in addition to the concept of “jus soli”, or being born on US territory. Essentially,

再加上「屬地主義」，也就是生於美國境內

if you are automatically granted US citizenship at birth, then you fulfill the requirement.

基本上，只要你出生即具美國國籍，就能參選總統

It is important to note that the United States Supreme Court has never addressed this question

值得注意的是，美國最高法院從未正面討論此問題

directly.

As is stands, most legal experts say that Ted Cruz’s Canadian birth by his American

基於上述，大多數法學專家認為克魯茲生於加拿大，母親是美國公民

citizen mother seems to qualify the candidate as having fulfilled the natural born citizen

似乎使他擁有參選美國總統的資格

requirement. Had Barack Obama actually been born outside of the country, this interpretation

如果歐巴馬是生於境外，這個解釋同樣也適用

would have also qualified him, as his mother was an American citizen at the time of his

因為他出生時母親具有美國國籍

birth. In any case, without a constitutional amendment or Supreme Court ruling, there is

無論如何，在沒有憲法修正案或最高法院裁定的情況下

no 100% clear answer as to what defines a natural born citizen, and who is allowed to

生為美國人和參選總統的資格，就沒有100%明確的定義

run for president. But in legal circles, there is little debate. So, if you meet the requirements,

但在法律界少有此類討論，所以如果你符合條件

then by all means, register as a candidate with the FEC and run for president. Make sure

一定要去美國聯邦選舉委員會登記參選總統

to mention Test Tube Daily in your Inaugural Address.

就職演說上也別忘了提到TestTube Daily喔！

The Supreme Court plays an important role in american politics, but they’re actually

美國最高法院對美國政壇影響極大

becoming more and more divided by party lines. To learn about how the bias of the supreme

但個人政黨色彩卻使最高法院內部分歧，想了解更多

court is increasing, check out our video here. Thanks for watching TestTube! Please subscribe

請看這裡的影片，謝謝收看TestTube

for all our new videos.

請訂閱我們的新影片