[Congressional Record Volume 154, Number 57 (Thursday, April 10, 2008)]
[Senate]
[Pages S2950-S2951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 511--RECOGNIZING THAT JOHN SIDNEY McCAIN III, IS A 
                          NATURAL BORN CITIZEN

  Mrs. McCASKILL (for herself, Mr. Leahy, Mr. Obama, Mr. Coburn, Mrs. 
Clinton, and Mr. Webb) submitted the following resolution; which was 
referred to the Committee on the Judiciary:

                              S. Res. 511

       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 Americans 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.

   Mr. LEAHY. Mr. President, 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 expect that this will be a unanimous resolution of the Senate and 
I thank the Senator from Missouri for working with me on this.
   I ask unanimous consent that the relevant excerpt from the Judiciary 
Committee hearing where Secretary Chertoff testified be made a part of 
the Record.

       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

[[Page S2951]]

     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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