CNN: Why Ted Cruz Is Eligible To Be pPresident

CNN ^ | January 14, 2016

[Yosemitest]

(CNN)... If Cruz gets enough electoral votes this fall,
then Congress
and not the Supreme Court
should be the final legal judge of Cruz's eligibility.
The Constitution's 12th Amendment clearly says that
Congress counts the electoral votes at a special session;
and thus Congress is constitutionally authorized
to refuse to count any electoral votes that Congress considers invalid.

Elsewhere, Article I, section 5 of the Constitution makes clear that
each house of Congress may "judge" whether
a would-be member of that house meets the constitutional eligibility rules for that house.
... If a dispute arises ... the Constitution clearly says
the Senate is "the judge" of Smith's birth certificate dispute.

Similarly, for presidential elections the Constitution's structure makes Congress the judge of any birth certificate dispute or any other issue of presidential eligibility.
Congress cannot fabricate new presidential eligibility rules but it is the judge of the eligibility rules prescribed in the Constitution.

Thus, ordinary courts should butt out, now and forever.
They have no proper role here,
because the Constitution itself makes Congress the special judge.
In legal jargon the issue is a "nonjusticiable political question."

[Yosemitest]

Even the extremely LIBERAL CNN acknowledges it.

...
Presidents should pick judges, not vice versa.
This is one reason why the Supreme Court's 2000 ruling in Bush v. Gore was a disgrace
and is now widely viewed by experts as such.

What's the right answer?

OK, so voters and Congress decide, but
what is the right answer to the Cruz question
and how can ordinary citizens deduce this right answer?

Simple:
We can read the Constitution,
which was written for ordinary citizens.
And then we can fold in a few simple points about constitutional history, tradition and common sense.

Article II requires that a president must be either a U.S. citizen "at the time of the Adoption of this Constitution" - - that is, 1788 - - or else "a natural born Citizen."
Though old-fashioned, Cruz was not around in 1788.
So he needs to be - - just like everyone else running for president today - - a "natural born Citizen."

For starters, put aside the word "natural."
Ask yourself whether Cruz is a "born Citizen."
In other words, was he a citizen on the day he was born?
Was he a citizen because of his birth,
because of where and how and to whom he was born?
Note what the text does NOT say.
It does not say, Springsteen-like,
that a president must be "born in the United States."
Yet it would have been so easy to say that,
had that been the founders' legal meaning and the legal purpose !

So the question is,
was Ted Cruz born a citizen?
The Constitution says, in the 14th Amendment,
that anyone born in the United States and subject to our laws is a U.S. citizen.
Today, that means everyone born on American soil except children of foreign diplomats - - even children whose parents are not themselves U.S citizens.
Donald Trump, are you listening?

Unlike Barack Obama, who was born in Hawaii - -
again, please pay attention, Donald!
- - Cruz is not a citizen at birth because of where he was born.
Cruz was born in Canada.
But neither Article II nor the 14th Amendment says that ONLY those born in the United States are birth citizens.
The 14th Amendment says that birth on American soil is sufficient to be a birth citizen.
But it is NOT necessary.

How else can a person be a citizen at birth?
Simple.
From the founding to the present, Congress has enacted laws specifying
that certain categories of foreign-born persons ARE citizens at birth.
The earliest statute, passed in 1790, explicitly called certain foreign-born children of U.S. citizens "natural born citizens."
It did not say they should be treated "as if" they were "natural born citizens."
It said they were in law deemed and declared to be "natural born citizens."
Congressional laws have changed over the years, but this 1790 law makes clear that
from the beginning, Congress by law has the power to define the outer boundaries of birth-citizenship
by conferring citizenship at birth to various persons born OUTSIDE the United States.



And here is the key point:

The statute on the books on the day Cruz was born made him a citizen on that day.

The statute conferred birth-based American citizenship on ANY foreign-born baby who had at least ONE parent who was a U.S. citizen,
so long as that parent HAD MET CERTAIN CONDITIONS of extensive prior physical presence in the United States.

On the day of his birth, Cruz's mother WAS a U.S. citizen, even though his father was not;
and his mother also apparently met the relevant rules of extensive prior physical presence.

... (Continued)

[VanDeKoik]

“Even the extremely LIBERAL CNN acknowledges it.”

LOL!

They aren’t acknowledging anything.

They are waiting for the green light from the DNC, where they will quickly change tune.

This is of no use to them right now.

[Yosemitest]

We shall see.
BUT the LAW ... IS ... THE LAW !

[ColdOne]

Exactly....they will use it at some point.

[Cletus.D.Yokel]

“p” President?
Does Ted need to urinate to prove himself?

[RC one]

The statute on the Canadian Books at the time of Cruz's Canadian birth made Cruz a Natural born Citizen of Canada. US laws made him a naturalized citizen of the United States.

it means every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.

(Cong. Globe, 39th, 1st Sess., 1291 (1866))

John Armor Bingham (January 21, 1815-March 19, 1900) was an American Republican congressman from the U.S. state of Ohio, judge advocate in the trial of the Abraham Lincoln assassination and a prosecutor in the impeachment trials of Andrew Johnson. He is also the principal framer of the Fourteenth Amendment to the United States Constitution.

The first section of the second article of the Constitution uses the language, a natural-born citizen. It thus assumes that citizenship may be acquired by birth. Undoubtedly, this language of the Constitution was used in reference to that principle of public law, well understood in this country at the time of the adoption of the Constitution, which referred citizenship to the place of birth.

Justice Curtis in his dissenting opinion of the Dred Scott decision and speaking specifically of natural born citizens and article II, section I, clause 5

It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.

James Madison

The doctrine of the common law is that every man born within its jurisdiction is a subject of the sovereign of the country where he is born, and allegiance is not personal to the sovereign in the extent that has been contended for; it is due to him in his political capacity of sovereign of the territory where the person owing the allegiance as born.

Kilham v. Ward 2 Mass. 236, 26 (1806)

As the President is required to be a native citizen of the United States. Natives are all persons born within the jurisdiction and allegiance of the United States.

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence, A very respectable political writer makes the following pertinent remarks upon this subject. Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.

St. George Tucker, BLACKSTONE'S COMMENTARIES (1803)

Allegiance is nothing more than the tie or duty of obedience of a subject to the sovereign under whose protection he is, and allegiance by birth is that which arises from being born within the dominions and under the protection of a particular sovereign. Two things usually concur to create citizenship: first, birth locally within the dominions of the sovereign, and secondly, birth within the protection and obedience, or, in other words, within the allegiance of the sovereign.That the father and mother of the demandant were British born subjects is admitted. If he was born before 4 July, 1776, it is as clear that he was born a British subject. If he was born after 4 July, 1776, and before 15 September, 1776 [the date the British occupied New York], he was born an American citizen, whether his parents were at the time of his birth British subjects or American citizens. Nothing is better settled at the common law than the doctrine that the children even of aliens born in a country while the parents are resident there under the protection of the government and owing a temporary allegiance thereto are subjects by birth.

Justice Story, concurring opinion,Inglis v. Sailorsâ Snug Harbor, 3 Pet. 99, 155,164. (1830)

The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.

Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)

Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.

William Rawle, A View of the Constitution of the United States, pg. 86 (1829)

The right of citizenship never descends in the legal sense, either by the common law or under the common naturalization acts. It is incident to birth in the country, or it is given personally by statute. The child of an alien, if born in the country, is as much a citizen as the natural born child of a citizen, and by operation of the same principle

Horace Binney, American Law Register, 2 Amer.Law Reg.193, 203, 204, 206, 208 (February 1854).

That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral.

January 28, 1838, Acts of the State of Tennessee passed at the General Assembly, pg. 266 (1838)

The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President. The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not.

Lynch vs. Clarke (NY 1844)

Every person, then, born in the country, and that shall have attained the age of thirty-five years, and been fourteen years a resident within the United States, is eligible to the office of president.

Lysander Spooner, The Unconstitionality of Slavery, pg. 119 (1845)

It is the very essence of the condition of a natural born citizen, of one who is a member of the state by birth within and under it, that his rights are not derived from the mere will of the state.

The New Englander, Vol. III, pg. 434 (1845)

This is called becoming naturalized; that is, becoming entitled to all the rights and privileges of natural born citizens, or citizens born in this country.

Andrew White Young, First lessons in Civil Government, pg. 82 (1856).

The Constitution itself does not make the citizens, (it is. in fact,made by them.) It only intends and recognizes such of them as are natural—home-born—and provides for the naturalization of such of them as were alien—foreign-born—making the latter, as far as nature will allow, like the former.

Attorney General Bates, Opinion of Citizenship, (1862)

All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England.

Justice Swayne, United States v. Rhodes, 1 Abbott, US 28 (Cir. Ct. Ky 1866)

Natural-born Citizens, those that are born within the jurisdiction of a national government; i.e., in its territorial limits, or those born of citizens, temporarily residing abroad.

William Cox Cochran, The student's law lexicon: a dictionary of legal words and phrases : with appendices, Pg. 185 (1888)

Citizens are either natural-born or naturalized. One who is born in the United States or under its jurisdiction is a natural-born citizen without reference to the nationality of his parents. Their presence here constitutes a temporary allegiance, sufficient to make a child a citizen.

Theodore Dwight, Edward Dwight, Commentaries on the law of persons and personal property, pg. 125 (1894)

The notion that there is any common law principle to naturalize the children born in foreign countries, of native-born American father and mother, father or mother, must be discarded. There is not, and never was, any such common law principle.

Binney on Alienigenae, 14, 20; 2 Amer.Law Reg.199, 203

[catnipman]

Well, that settles it then: CNN has speaketh!

[TornadoAlley3]

I am beginning to think Cruz will not have to cross that bridge.

[Godebert]

Note the reference to Natural Law in the first sentence of our Declaration of Independence.

It is crystal clear that the Founding Fathers used the Natural Law definition of 'natural born Citizen' when they wrote Article II. By invoking "The Laws of Nature and Nature's God" the 56 signers of the Declaration incorporated a legal standard of freedom into the forms of government that would follow.

President John Quincy Adams, writing in 1839, looked back at the founding period and recognized the true meaning of the Declaration's reliance on the "Laws of Nature and of Nature's God." He observed that the American people's "charter was the Declaration of Independence. Their rights, the natural rights of mankind. Their government, such as should be instituted by the people, under the solemn mutual pledges of perpetual union, founded on the self-evident truth's proclaimed in the Declaration."

The Constitution, Vattel, and “Natural Born Citizen”: What Our Framers Knew

The Laws of Nature and of Nature's God: The True Foundation of American Law

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

MINOR V. HAPPERSETT IS BINDING PRECEDENT AS TO THE CONSTITUTIONAL DEFINITION OF A NATURAL BORN CITIZEN.

Neither the 14th Amendment nor Wong Kim Ark make one a Natural Born Citizen

The Harvard Law Review Article Taken Apart Piece by Piece and Utterly Destroyed

Citizenship Terms Used in the U.S. Constitution - The 5 Terms Defined & Some Legal Reference to Same

"The citizenship of no man could be previous to the declaration of independence, and, as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776."....David Ramsay, 1789.

A Dissertation on Manner of Acquiring Character & Privileges of Citizen of U.S.-by David Ramsay-1789

The Law of Nations or the Principles of Natural Law (1758)

The Laws of Nature and of Nature's God: The True Foundation of American Law

Publications of the Colonial Society of Massachusetts, Volume 20 - Use of The Law of Nations by the Constitutional Convention

[deport]

I am beginning to think Cruz will not have to cross that bridge.

**************

Probably not this cycle but four or eight years hence the
bridge may appear again.

[ConservativeDude]

This is a good article, by a respected Con law prof. Not saying we would agree with him on many things, but still, he is a serious scholar.

But I still think his very first point is important: Congress gets to judge his eligibility. Could Cruz really win in Congress? I actually think not. I think McConnell would sink him in a heartbeat.

[Yosemitest]

Not only could the Founding Father define "natural born citizen", BUT ... THE FOUNDING FATHERS DID DEFINE IT !
And you ARE refusing the definition of "natural born citizen" CLEARLY DEFINED by our FOUNDING FATHERS !

Ted Cruz's PARENTS fulfilled ALL those requirements of the law that time, for Ted Cruz to be a "Natural Born Citizen".
Ted Cruz did NOT NEED a Court and a Judge to "Nationalize" him.

The only definition that matters is the one GIVEN BY OUR FOUNDING FATHERS.

They addressed children of citizens,
where one parent who was a citizen,
and one parent who was an immigrant who had resident in the United States for a period of time,
and the child's RIGHT to be a NATURAL BORN CITIZEN,
EVEN IF "born beyond Sea, or OUT of the limits of the United States, SHALL BE CONSIDERED AS NATURAL BORN CITIZENS :
Provided, that the right of citizenship shall not descend to persons whose fathers have NEVER been RESIDENT IN the United States:"

The Naturalization Act of 1790, let's read it !

United States Congress, "An act to establish an uniform Rule of Naturalization" (March 26, 1790).

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,
That any Alien being a free white person,
who shall have resided within the limits and under the jurisdiction of the United States for the term of two years,
may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States
wherein he shall have resided for the term of one year at least,
and making proof to the satisfaction of such Court  that
he is a person of good character,
and taking the oath or affirmation prescribed by law
to support the Constitution of the United States,
which Oath or Affirmation such Court shall administer,
and the Clerk of such Court shall record such Application, and the proceedings thereon;
and thereupon such person shall be considered as a Citizen of the United States. 


And the children of such person so naturalized,
dwelling within the United States,
being under the age of twenty one years at the time of such naturalization,
shall also be considered as citizens of the United States. 

And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States,
shall be considered as natural born Citizens: 
Provided, that
the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: 
Provided also, that
no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid,
except by an Act of the Legislature of the State in which such person was proscribed.

So think about this:

In 1798, the law on naturalization was changed again.
The Federalists feared that many new immigrants favored their political foes, the Democratic-Republicans.
The Federalists, therefore, wanted to reduce the political influence of immigrants.
To do so, the Federalists, who controlled Congress, passed a law
that required immigrants to wait fourteen years before becoming naturalized citizens and thereby gaining the right to vote.
The 1798 act also barred naturalization for citizens of countries at war with the United States.
At the time, the United States was engaged in an unofficial, undeclared naval war with France.
The French government thought the United States had taken the side of Britain in the ongoing conflict between Britain and France.
A related law passed in 1798, the Alien Enemy Act, gave the president the power during a time of war to arrest or deport any alien thought to be a danger to the government.

After Jefferson became president (in 1801), the 1798 naturalization law was repealed, or overturned (in 1802).
The basic provisions of the original 1790 law WERE RESTORED except for the period of residency before naturalization.
The residency requirement, that is, the amount of time the immigrant had to reside, or live, in the United States, was put back to five years, as it had been in 1795.

The 1802 law remained the basic naturalization act until 1906, with two notable exceptions.
In 1855, the wives of American citizens were automatically granted citizenship.
In 1870, people of African descent could become naturalized citizens, in line with constitutional amendments passed after the American Civil War (1861-65)
that banned slavery and gave African American men the right to vote.
Other laws were passed to limit the number of people (if any) allowed to enter the United States from different countries,
especially Asian countries, but these laws did not affect limits on naturalization.

Within a decade of adopting the Constitution, immigration, and naturalization in particular, had become hot political issues.
They have remained political issues for more than two centuries.

Did you know ...

Naturalization laws relate to the process of immigrants becoming a citizen.
Other laws have provided for losing citizenship -
- by getting married!
In 1907, Congress passed a law that said a woman born in the United States (and therefore a citizen) would lose her citizenship
if she married an alien (who was therefore not a citizen).
In 1922, two years after women won the right to vote,
this provision was repealed and a woman's citizenship status was separated from her husband's.

Also Notice the signature blocks at the bottom of this:



1st United States Congress, 21-26 Senators and 59-65 Representatives

[Yosemitest]

On the Meaning of "Natural Born Citizen",
MAR 11, 2015, Commentary by Neal Katyal & Paul Clement

... While the field of candidates for the next presidential election is still taking shape,
at least one potential candidate, Senator Ted Cruz, was born in a Canadian hospital to a U.S. citizen mother.^15×
15. See Monica Langley, Ted Cruz, Invoking Reagan, Angers GOP Colleagues But Wins Fans Elsewhere, Wall St. J. (Apr. 18, 2014, 11:36 PM), http://www.wsj.com/articles/SB10001424052702303873604579494001552603692.
Despite the happenstance of a birth across the border, there is no question that Senator Cruz has been a citizen from birth and is thus a "natural born Citizen" within the meaning of the Constitution.
Indeed, because his father had also been resident in the United States, Senator Cruz would have been a "natural born Citizen" even under the Naturalization Act of 1790.
Similarly, in 2008, one of the two major party candidates for President, Senator John McCain, was born outside the United States on a U.S. military base in the Panama Canal Zone to a U.S. citizen parent.^16×
16. See Michael Dobbs, John McCain's Birthplace, Wash. Post: Fact Checker (May 20, 2008, 6:00 AM), http://voices.washingtonpost.com/fact-checker/2008/05/john_mccains_birthplace.html [http://perma.cc/5DKV-C7VE].
Despite a few spurious suggestions to the contrary, there is no serious question that Senator McCain was fully eligible to serve as President,
wholly apart from any murky debate about the precise sovereign status of the Panama Canal Zone at the time of Senator McCain's birth.^17×
17. See, e.g., Laurence H. Tribe & Theodore B. Olson, Opinion Letter, Presidents and Citizenship, 2 J.L. 509 (2012).
Indeed, this aspect of Senator McCain's candidacy was a source of bipartisan accord.
The U.S. Senate unanimously agreed that Senator McCain was eligible for the presidency,
resolving that any interpretation of the natural born citizenship clause as limited to those born within the United States was "inconsistent with the purpose and intent of the 'natural born Citizen' clause of the Constitution of the United States,
as evidenced by the First Congress's own statute defining the term 'natural born Citizen.' "^18×
18. S. Res. 511, 110th Cong. (2008).
And for the same reasons, both Senator Barry Goldwater and Governor George Romney were eligible to serve as President although neither was born within a state.
Senator Goldwater was born in Arizona before its statehood and was the Republican Party's presidential nominee in 1964,^19×
19. See Bart Barnes, Barry Goldwater, GOP Hero, Dies, Wash. Post, May 30, 1998, http://www.washingtonpost.com/wp-srv/politics/daily/may98/goldwater30.htm [http://perma.cc/K2MG-3PZL].
and Governor Romney was born in Mexico to U.S. citizen parents and unsuccessfully pursued the Republican nomination for President in 1968.^20×
20. See David E. Rosenbaum, George Romney Dies at 88; A Leading G.O.P. Figure, N.Y. Times, July 27, 1995, http://www.nytimes.com/1995/07/27/obituaries/george-romney-dies-at-88-a-leading-gop-figure.html.

There are plenty of serious issues to debate in the upcoming presidential election cycle.
The less time spent dealing with specious objections to candidate eligibility, the better.
Fortunately, the Constitution is refreshingly clear on these eligibility issues.
To serve, an individual must be at least thirty-five years old and a "natural born Citizen."
Thirty-four and a half is not enough and, for better or worse, a naturalized citizen cannot serve.
But as Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization.
And the phrase "natural born Citizen" in the Constitution encompasses all such citizens from birth.
Thus, an individual born to a U.S. citizen parent - - whether in California or Canada or the Canal Zone - - is a U.S. citizen from birth
and is fully eligible to serve as President if the people so choose.



---



* Paul and Patricia Saunders Professor of Law, Georgetown University.
** Distinguished Lecturer in Law, Georgetown University; Partner, Bancroft PLLC.

[Cyman]

Ruh OH, CNN????

[Yosemitest]

Some days, I have more "typos" than others.
Sorry.

[jonrick46]

The argument for Cruz’s eligibility hinges on the Naturalization Act of 1790. The problem is, this act was repealed. And, no other subsequent laws by Congress ever used the words “natural born citizen.” They didn’t because they don’t, because of the Constitution, redefine the term as used by the Framers, “natural born citizen.” Anyone who know what the Framers intended, will not confuse the term “natural born citizen” with “citizen.” Those who do, are doing what Obama did to fraudulently slip into office illegible to serve.

[Starstruck]

"Even the extremely LIBERAL CNN acknowledges it." LOL! They aren't acknowledging anything. They are waiting for the green light from the DNC, where they will quickly change tune. This is of no use to them right now.

You are right. They are in bed with Trump now.

[Cletus.D.Yokel]

AllsOK, but...

What if Cruz’s urine is found to be Canoogian?

DOOM!

[ConservativeDude]

The statute on the Canadian Books at the time of Cruz’s Canadian birth made Cruz a Natural born Citizen of Canada.”

Bear with me here.

Is it possible, though I know it sounds weird, that he was a natural born citizen of both countries b/c of their respective laws at the time of his birth?

And if that is the case, wouldn’t that make sense as to why it was totally appropriate for him to set aside his Canadian (natural born, but never “used”) citizenship as he did a few years ago?

I think that actually makes sense.

[bgill]

Congress already gave a definition in SR 511. Born on US soil to TWO US citizens though on the final draft they fudged on McCain being born on US soil since there wasn’t a maternity ward on base:

04.10.08
The Introduction Of A Senate Resolution

Senators: McCain Is A ‘Natural Born Citizen’ Senators Introduce Resolution To Make Clear Senate’s Position On Candidate’s Status

WASHINGTON (Thursday, April 10, 2008) – Sens. Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) today introduced a resolution expressing the sense of the U.S. Senate that presidential candidate and current Senator John McCain (R-Ariz.) is a ‘natural born Citizen,’ as specified in the Constitution and eligible to run for President.

In February, The New York Times published a report calling into question the legality of McCain’s presidential run. McCain was born to American citizens stationed on an American Naval base in the Panama Canal Zone. He has since served in the U.S. Navy, and, since 1983, has served in the U.S. Congress.

“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”

“It is silly for anyone to argue that Senator McCain is not eligible to become president,” said McCaskill. “I would hope that this is something we can all agree on, for goodness sakes.”

At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.

“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.

“That is mine, too,” said Leahy.

The text of the resolution and Leahy’s remarks follow.

# # # # #

110TH CONGRESS

2D SESSION

S. RES. __

Recognizing that John Sidney McCain, III, is a natural born citizen.

_______________

IN THE SENATE OF THE UNITED STATES

Mrs. MCCASKILL (for herself and Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on

_______________

RESOLUTION

Recognizing that John Sidney McCain, III, is a natural born citizen.

Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‘‘natural born Citizen’’ of the United States;

Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to American citizens serving in the military nor to prevent those children from serving as their country’s President;

Whereas such limitations would be inconsistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’;

Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;

Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and

Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it

Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States.

Statement Of Senator Patrick Leahy (D-Vt.),

Chairman, Committee On The Judiciary,

On The Introduction Of A Senate Resolution

April 10, 2008

Today I join Senator Claire McCaskill in introducing a resolution to express the common sense of everyone here that Senator McCain is a “natural born Citizen,” as the term is used in the Constitution of the United States. Our Constitution contains three requirements for a person to be eligible to be President – the person must have reached the age of 35; must have resided in America for 14 years; and must be a ‘‘natural born Citizen’’ of the United States. Certainly there is no doubt that Senator McCain is of sufficient years on this earth and in this country given that he has been serving in Washington for over 25 years. However, some pundits have raised the question of whether he is a “natural born Citizen” because he was born outside of the official borders of the United States.

John Sidney McCain, III, was born to American citizens on an American Naval base in the Panama Canal Zone in 1936. Numerous legal scholars have looked into the purpose and intent of the “natural born Citizen” requirement. As far as I am aware, no one has unearthed any reason to think that the Framers would have wanted to limit the rights of children born to military families stationed abroad or that such a limited view would serve any noble purpose enshrined in our founding document. Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens.

It is interesting to note that another previous presidential candidate, George Romney, was also born outside of the United States. He was widely understood to be eligible to be President. Senator Barry Goldwater was born in a U.S territory that later became the State of Arizona so some even questioned his eligibility. Certainly the millions of Americans who voted for these two Republican candidates believed that they were eligible to assume the office of the President. The same is true today.

Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen. I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not. I ask unanimous consent that the relevant excerpt from the Judiciary Committee hearing where Secretary Chertoff testified be made a part of the record.

I expect that this will be a unanimous resolution of the Senate and I thank the Senator from Missouri for working with me on this.

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EXCERPT OF SECRETARY CHERTOFF TESTIMONY FROM APRIL 2, 2008:

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Chairman Leahy. We will come back to that. I would mention one other thing, if I might, Senator Specter. Let me just ask this: I believe—and we have had some question in this Committee to have a special law passed declaring that Senator McCain, who was born in the Panama Canal, that he meets the constitutional requirement to be President. I fully believe he does. I have never had any question in my mind that he meets our constitutional requirement. You are a former Federal judge. You are the head of the agency that executes Federal immigration law. Do you have any doubt in your mind—I mean, I have none in mine. Do you have any doubt in your mind that he is constitutionally eligible to become President?

Secretary Chertoff. My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen.

Chairman Leahy. That is mine, too. Thank you.