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.
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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:
***
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.
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