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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.
# # # # #
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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