Hello. Just a cool hypothetical legal scenario I would like all your opinoins on. Many years back there was a comic book in which Superman (Clark Kent) ran for President of the United States after his secret identity had been exposed.
During one part of this story, during the campaign, questions were raised about whether or not Clark Kent was a "natural-born citizen" and thus eligible to serve as President even though he was an extra-terrestrial (Kryptonian). The controversy rose to the Supreme Court, which ruled on the case.
Here are the facts of the case:
Kal-El (Superman's Kryptonian name) was artificially conceived on the planet Krypton from the genetic material of two fully Kryptonian parents and the fetus began to develop in an artificial womb.
Moments before the planet Krypton exploded, Kal-El's artificial womb was attached to a rocket and was set on a course for Earth, fifty light years away.
Moments after the rocket landed on Earth, Kal-El's artificial womb opened and he was "born" in Kansas, on US soil.
Kal-El was immediately found and adopted by Jonathan and Martha Kent, who named him Clark Kent. Because a freak snow storm soon hit which caused the Kent's farm to be isolated from any outsiders for several months, after the storm Jonathan and Martha were able to claim that Clark Kent was their natural child. Later on, when Superman's identity became revealed, it became known that Clark was not their natural child.
In the comic book, the Supreme Court ruled 9-0 that Superman qualified as a natural born citizen. I would like to know how you readers of this forum think that the individual members of our current Supreme Court would rule in such a case. Roberts? Scalia? Ginsberg? Breyer? Is it even possible that all of the justices would rule in Superman’s favor?
Some issues that may come up include:
Does Superman’s sentience qualify him as a “person” under the Constitution, even though he is an alien?
Are foundlings whose birthplaces are unknown at the time they are found acquire citizenship from whoever finds them? Jonathan and Martha had no idea that the rocket was an artificial womb, so they could have just found a baby whose birthplace they were unaware of, making Kal-El count as a “foundling”?
Is the fact that Martha and Jonathan never actually formally adopted the child, instead falsely stating he was their natural child, mean that he is not legally their child? I’m not sure how this would relate to his citizenship, just an issue that popped into my head.
Does emerging from an artificial womb count as a “birth”? So was Kal-El actually “born” on Earth?
I’m just posing this question for fun, anyone that wants to participate in this discussion, post a response!