[Congressional Record Volume 149, Number 101 (Thursday, July 10, 2003)]
[Senate]
[Pages S9251-S9252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH:
  S.J. Res. 15. A joint resolution proposing an amendment to the 
Constitution of the United States to make eligible for the Office of 
President a person who has been a United States citizen for 20 years; 
to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the ``Equal 
Opportunity to Govern'' Amendment, which would amend the Constitution 
to permit any person who has been a United States citizen for at least 
20 years to be eligible for the Office of President. The Constitution, 
in its current form, prohibits a person who is not a native born 
citizen of the United States from becoming President.
  The purpose of the native born citizen requirement has long passed, 
and it is time for us--the elected representatives of this Nation or 
immigrants--to remove this impediment. While there was scant debate on 
this provision during the Constitutional Convention, it is apparent 
that the decision to include the natural born citizen requirement in 
our Constitution was driven largely by the concern that a European 
monarch, such as King George III's second son, the Duke of York, might 
be imported to rule the United States.
  This restriction has become an anachronism that is decidedly un-
American. Consistent with our democratic form of government, our 
citizens should have every opportunity to choose their leaders free of 
unreasonable limitations. Indeed, no similar restriction bars other 
critical members of government, including the Senate, the House of 
Representatives, the Supreme Court, or the President's most trusted 
cabinet officials.
  Ours is a Nation of immigrants. The history of the United States is 
replete with scores of great and patriotic Americans whose dedication 
to this country is beyond reproach, but who happen to have been born 
outside of Her borders. These include former secretaries of state Henry 
Kissinger and Madeleine Albright; current Cabinet members Secretary of 
Labor Elaine L. Chao and Secretary of Housing and Urban Development Mel 
Martinez; as well as Jennifer Granholm, the Governor of Michigan and 
bring young star

[[Page S9252]]

of the Democratic party. As our Constitution reads today, none of these 
well-qualified, patriotic United States citizens could be a lawful 
candidate for President.
  Perhaps most disturbing is that the scores of foreign-born men and 
women who have risked their lives defending the freedoms and liberties 
of this great nation who remain ineligible for the Office of President. 
More than 700 recipients of the Congressional Medal of Honor--our 
Nation's highest decoration for valor--have been immigrants. But no 
matter how great their sacrifice, leadership, or love for this country, 
they remain ineligible to be a candidate for President. This amendment 
would remove this unfounded inequity.
  Today I ask the members of this body if we desire to continue to 
invite these brave men and women to defend this Nation's liberty, to 
protect Her flag, to be willing to pay the ultimate sacrifice, and yet 
deny them the opportunity to strive for the ultimate American dream--to 
become our President? I respectfully submit that we should not.
  My proposal to amend the Constitution is not one I take lightly. As 
our founding fathers envisioned, our Constitution has stood the test of 
time. It has remained largely intact for more than 200 years due to the 
careful, deliberative, and principled approach of the framers. This is 
truly an extraordinary achievement. On a few appropriate occasions, 
however, we have generated the will to surmount the cumbersome, but no 
doubt necessary, hurdles to amend the Constitution. I believe the time 
has now come to address the antiquated provision of the Constitution 
that requires our President to be a natural born citizen. It has long 
outlived its original purpose.
  I ask my colleagues to join me in supporting the Equal Opportunity to 
Govern Amendment.

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