[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Extensions of Remarks]
[Pages E1636-E1637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     INTRODUCTION OF H.J. RES. 104

                                 ______
                                 

                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                     Wednesday, September 15, 2004

  Mr. ROHRABACHER. Mr. Speaker, I have just introduced the House 
counterpart to Senator Hatch's constitutional amendment (S.J. Res. 15) 
allowing those who have been citizens of the United States for at least 
20 years to serve as President and Vice President.
  We all agree that constitutional amendments should not be taken 
lightly and should only be considered when the betterment of this 
country is in question. It is my strong belief that ``betterment'' is 
what would be achieved if such an amendment is adopted.
  The reasons the founding fathers added this clause to the 
constitution are archaic at best. The main rationale was to protect the 
U.S. from undue foreign influence from the election of a foreign leader 
in the executive office. This mindset prevailed not long after the 
founders freed the country from the control of a foreign body. 
Interestingly, however, in what is called ``the Hamilton loophole,'' 
they exempted their own generation from the burdens of the ``natural 
born'' requirement. Seven of the 39 signers of the Constitution in 
Philadelphia in 1787 were foreign born, as well as 8 of America's 
original 81 Senators and Representatives, 3 of our first 10 Supreme 
Court justices, 4 of our first 6 secretaries of the treasury, and one 
of our first 3 secretaries of war. Most, if not all, of these 
immigrants were eligible to serve as president, since the constitution 
exempted all those who were citizens at the time the constitution was 
adopted from the ``natural born'' requirement.
  Today, the offices of President and Vice President are the only 
offices where a person who is not U.S. born is disqualified from 
serving. Is this still appropriate when we have

[[Page E1637]]

seen great leaders, after a lifetime of service to this country, be 
unable to represent the citizens of this country?
  Today we have many significant political leaders who cannot be 
president simply because they were not born here. California Governor 
Arnold Schwarzenegger is the most famous example, but what about 
Michigan's Governor, Jennifer Granholm, who came to the United States 
from Canada at the age of four? Or Congressman Pete Hoekstra, who came 
to this country when he was a mere three years old and has been given 
the responsibility of being Chairman of the House Permanent Select 
Committee on Intelligence? Congressman Hoekstra oversees the 
intelligence community in a post-9/11 United States and yet regardless 
of his lifetime of service, he cannot be President.
  I hope my colleagues will agree with me that it is long past time for 
the ``natural born'' requirement to change. Respect for the many legal 
immigrants who have made our country great should lead us to conclude 
that once they have been U.S. citizens for 20 years they should no 
longer be constitutionally disqualified from serving in our nation's 
highest offices.

                             H.J. Res. 104

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein), That the following article is 
     proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States within seven years after 
     the date of its submission for ratification:
       ``Article--
       ``A person who is a citizen of the United States, who has 
     been a citizen of the United States for at least 20 years, 
     and who is otherwise eligible to hold the Office of the 
     President, is not ineligible to hold that Office by reason of 
     not being a native born citizen of the United States.''.

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