[Congressional Record Volume 150, Number 21 (Wednesday, February 25, 2004)]
[Senate]
[Pages S1597-S1598]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NICKLES (for himself, Ms. Landrieu, and Mr. Inhofe):
  S. 2128. A bill to define the term ``natural born Citizen'' as used 
in the Constitution of the United States to establish eligibility for 
the Office of President; to the Committee on the Judiciary.
  Mr. NICKLES. Mr. President, as we take time to celebrate President's 
Day and remember the contributions of two of our greatest leaders 
George Washington and Abraham Lincoln, I rise along with my colleagues 
Senator Landrieu and Senator Inhofe to introduce legislation that will 
guarantee children born to and adopted by American citizens the 
opportunity to become this country's next great president. The purpose 
of this bill is to define the term ``natural born Citizen'' as used in 
Article II of the Constitution to include any person born in the United 
States, any person born outside the United States to citizen parents, 
and any foreign-born child adopted by citizen parents.
  For many decades legal scholars have debated the meaning of the term 
``natural born Citizen.'' There are many law review articles that 
examine the issue from every angle and come to several different 
conclusions. Some scholars, such as Pinkney G. McElwee in his article 
entitled Natural Born Citizen and Isidor Blum's article published in 
the New York Law School Journal, conclude that the term ``natural 
born'' is synonymous with ``native born.'' Others, such as Charles 
Gordon in the Maryland Law Review and Warren Freedman in the Cornell 
Law Quarterly, decide that the definition of ``natural born'' includes 
all people who are citizens at birth. And these scholars disagree as to 
who is a citizen at birth.
  The issue came to the public's attention when George Romney was 
seeking the Republican nomination for President in 1968. He was born of 
American missionary parents in Mexico. Some questioned his eligibility 
to be President under the Constitutional requirement that a President 
be a ``natural born citizen.'' The issue was never decided since Mr. 
Romney did not become the Republican nominee. Although at least two 
Federal court decisions have suggested what the term ``natural born 
citizen'' means, the issue has never been squarely resolved by a court.
  Today the question remains unanswered. This bill presents us with an 
historic opportunity. In this bill, we have the opportunity to end the 
uncertainty surrounding the qualifications for the presidency, and 
provide a fair and equal chance to children of American citizens to 
pursue their dreams.
  There is obviously a need for clarification. In the absence of a 
judicial interpretation, Congress can express a legislative 
interpretation of Constitutional terms. We should not wait for an 
election to be challenged and the courts to decide what ``natural 
born'' means. This bill answers the need for clarification and gives 
certainty to our citizens whose children may be born abroad such as 
armed service members, foreign service members, expatriate families, 
and certainty to families that have adopted foreign born children, that 
their children, too, are eligible to seek the office of President of 
the United States.
  Part of the American dream is that any child of an American can grow 
up to be anything he or she wants to be including President of the 
United States. That it does not matter what your last name is, or how 
much property you own, or how wealthy you are. That the son or daughter 
of the humblest upbringing could one day lead this great country. This 
is why America is truly the land of opportunity. It should not matter 
if you are born to American parents in a foreign country or adopted by 
American parents from a foreign country. In either case, you are a 
child of America.
  This bill makes clear that a child born to American citizens abroad 
is eligible to hold the office of the presidency. The term ``natural 
born'' was used by the framers of the Constitution to reinforce their 
wish that the president would feel loyalty and allegiance to the United 
States. That the president would have a ``native feeling.'' Children 
born to American citizens abroad, especially those born to members of 
the American armed forces and foreign service, certainly have that 
``native feeling.'' They are as patriotic as any American. Statutorily, 
they are citizens from birth, raised by Americans with American values. 
And they should have the same opportunities as children born on 
American soil. They should not be denied the chance to seek the highest 
office in our land because they happened to be born while their parents 
were stationed or working abroad.
  The Constitution also requires that the president have resided in the 
United States for fourteen years. This provision shows us that the 
framers believed that the president need not spend his whole life in 
the United States. It is possible for a person to reside in another 
country for a time and still be eligible to be President of the United 
States. So it follows that an American child born abroad should be just 
as eligible to be president just as any child born in the United States 
that happens to reside abroad for a time. This bill makes it clear that 
such a child is eligible to be president.

  This bill also makes clear that foreign born children adopted by 
American families will have the same opportunities as biological 
children of American citizens. All of the same arguments apply for 
foreign adopted children that apply for children born biologically to 
citizen parents abroad. These children are no less loyal to the United 
States. They are raised by Americans in America. They are not any less 
of a citizen than any other American. And they should be no less

[[Page S1598]]

eligible to be president than any other American child.
  Furthermore, adoption law says that once a child is fully and finally 
adopted, they are entitled to the same rights, duties and 
responsibilities as biological children. They are to be treated as 
``natural issue'' of their adoptive parents. All blood ties are severed 
from their biological families. As such, foreign adopted children 
living in America are treated as if born to their adoptive American 
parents. But there is one remaining difference. Without this bill, they 
will be unable to pursue the opportunity to run for President. Removal 
of this inequality is the last step needed to truly provide equality to 
the foreign adopted children of American citizens.
  In 1990, Americans adopted more than 7,000 children from abroad. By 
2002, that number grew to more than 20,000 children. These children are 
members of American families, and should be treated as such. They 
should be allowed to have the same dreams as any other American child, 
including the dream that they, too, could grow up to be President of 
the United States. This bill makes sure they can.
  Foreign adopted children and children born to American citizens 
abroad are as invested in the well-being of this country as the rest of 
us. These children grow up with the benefits of being an American 
citizen, and they contribute back to this country. They grow up to work 
here, pay their taxes here, and raise their children here. These 
children could grow up to be America's next great writers, actors, 
scientists, lawyers or doctors. They could be ministers or mill 
workers, farmers or Senators. They should also be allowed to grow up to 
be the President.
  This bill ensures that children born to or adopted by American 
parents have claim to the full meaning of the American dream. That not 
only can they have the freedom to speak, the freedom to worship in any 
style they wish, the freedom to own a home and pursue happiness, but 
that they can also have the freedom to choose to run for president.
  Over my years as a Senator, my office has received letters and 
inquiries from many foreign adopted children and their families seeking 
a change in the law to allow them to pursue the office of President of 
the United States. I ask my colleagues today to join with us in support 
of this bill to make America truly the land of opportunity for all its 
citizens' children whether born here, born abroad or adopted abroad.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2128

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Natural Born Citizen Act''.

     SEC. 2. DEFINITION OF ``NATURAL BORN CITIZEN''.

       (a) In General.--Congress finds and declares that the term 
     ``natural born Citizen'' in Article II, Section 1, Clause 5 
     of the Constitution of the United States means--
       (1) any person born in the United States and subject to the 
     jurisdiction thereof; and
       (2) any person born outside the United States--
       (A) who derives citizenship at birth from a United States 
     citizen parent or parents pursuant to an Act of Congress; or
       (B) who is adopted by 18 years of age by a United States 
     citizen parent or parents who are otherwise eligible to 
     transmit citizenship to a biological child pursuant to an Act 
     of Congress.
       (b) United States.--In this section, the term ``United 
     States'', when used in a geographic sense, means the several 
     States of the United States and the District of Columbia.

  Mr. INHOFE. Mr. President, I rise today to join my colleagues, 
Senator Nickles and Landrieu, in introducing this bill, which will 
profoundly impact generations to come. It will clarify who is eligible 
to become President of the United States of America. The term ``natural 
born citizen'' as used in the Constitution, would be defined as any 
person born in the United States, any person born outside the United 
States to citizen parents, and any foreign-born child adopted by 
citizen parents.
  In the absence of a judicial interpretation of constitutional 
language, Congress can express a legislative interpretation of 
constitutional terms. In the Naturalization Act of 1790, Congress used 
this ability to define ``natural born'' to include children born abroad 
to citizen parents. Although this language was not kept in the 
naturalization laws, the ability of Congress to define this term was 
not challenged.
  This bill is intended to further describe the term ``natural born 
citizen'' as it relates to Presidential qualification. The Framers used 
this phrase to support the criteria that the President be loyal and 
faithful to the United States. Children born to military, or State 
Department parents living abroad have exceeding loyalty to the United 
States. They should not be punished for their parents' willingness to 
serve their country abroad.
  Furthermore, internationally adopted children should not bear this 
penalty either. In recent years, the number of children adopted by 
Americans from overseas has grown to more than 20,000. They are 
considered ``natural issue'' of their adoptive parents and share a 
similar loyalty to the United States. These children should have the 
same rights, duties, responsibilities, and privileges as biological 
children. They should be able to pursue their dreams.
  About two and a half years ago, my daughter adopted a little girl 
from Ethiopia. While my granddaughter shares most freedoms granted by 
the Constitution with her biologically born brothers, including the 
freedom of speech, the freedom to worship, and the freedom to pursue 
happiness, she does not have the freedom to pursue any job she wants. 
Without this interpretation she does not have the freedom to run for 
President of the United States.
  I urge my colleagues to join in support of this bill to allow all 
American citizens, no matter where they are born, an equal opportunity 
to pursue their dreams, including to run for President of the United 
States.
                                 ______