Senators: McCain = Is A 'Natural Born Citizen'

U.S. = SENATOR PATRICK=20 LEAHY

CONTACT: = Office of=20 Senator Leahy, 202-224-4242

VERMONT

=

Senators:=20 McCain Is A =91Natural Born = Citizen=92

Senators = Introduce=20 Resolution
To Make Clear Senate=92s Position On = Candidate=92s=20 Status

WASHINGTON (Thursday, April = 10, 2008)=20 =96 Sens. Patrick Leahy (D-Vt.) and Claire McCaskill = (D-Mo.)=20 today introduced a resolution expressing the sense of = the U.S.=20 Senate that presidential candidate and current Senator = John=20 McCain (R-Ariz.) is a =91natural born Citizen,=92 as = specified in=20 the Constitution and eligible to run for=20 President.

In February, The New York = Times=20 published a report calling into question the legality = of=20 McCain=92s presidential run. McCain was born to = American=20 citizens stationed on an American Naval base in the = Panama=20 Canal Zone. He has since served in the U.S. = Navy, and,=20 since 1983, has served in the U.S. = Congress.

=93Because he was born to = American=20 citizens, there is no doubt in my mind that Senator = McCain is=20 a natural born citizen,=94 said Leahy. =93I = expect that this=20 will be a unanimous resolution of the=20 Senate.=94

=93It is silly for anyone to = argue that=20 Senator McCain is not eligible to become president,=94 = said=20 McCaskill. =93I would hope that this is = something we can=20 all agree on, for goodness sakes.=94

At a Judiciary Committee = hearing on=20 April 3, Leahy asked Homeland Security Secretary = Michael=20 Chertoff, himself a former Federal judge, if he had = doubts=20 that McCain was eligible to serve as=20 President.

=93My assumption and my = understanding is=20 that if you are born of American parents, you are = naturally a=20 natural-born American citizen,=94 Chertoff=20 replied.

=93That is mine, too,=94 = said=20 Leahy.

The text of the resolution = and Leahy=92s=20 remarks follow.

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110TH CONGRESS
2D SESSION

S. RES.=20 __

Recognizing that John Sidney = McCain,=20 III, is a natural born=20 citizen.

_______________

IN THE=20 SENATE OF THE UNITED STATES

Mrs. MCCASKILL (for herself = and Mr.=20 LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. = WEBB)=20 submitted the following resolution; which was referred = to the=20 Committee on
_______________

RESOLUTION
Recognizing that John Sidney = McCain,=20 III, is a natural born citizen.

Whereas the Constitution of = the United=20 States requires that, to be eligible for the Office of = the=20 President, a person must be a =91=91natural born = Citizen=92=92 of the=20 United States;

Whereas the term = =91=91natural born=20 Citizen=92=92, as that term appears in Article II, = Section 1, is=20 not defined in the Constitution of the United=20 States;

Whereas there is no = evidence of=20 the intention of the Framers or any Congress to limit = the=20 constitutional rights of children born to American = citizens=20 serving in the military nor to prevent those children = from=20 serving as their country=92s = President;

Whereas such limitations = would be=20 inconsistent with the purpose and intent of the = =91=91natural born=20 Citizen=92=92 clause of the Constitution of the United = States, as=20 evidenced by the First Congress=92s own statute = defining the=20 term =91=91natural born = Citizen=92=92;

Whereas the well-being = of all=20 citizens of the United States is preserved and = enhanced by the=20 men and women who are assigned to serve our country = outside of=20 our national borders;

Whereas previous = presidential=20 candidates were born outside of the United States of = America=20 and were understood to be eligible to be President;=20 and

Whereas John Sidney = McCain, III,=20 was born to American citizens on an American military = base in=20 the Panama Canal Zone in 1936: Now, therefore, be=20 it

Resolved,=20 That John Sidney McCain, III, is a = =91=91natural=20 born Citizen=92=92 under Article II, Section 1, of the = Constitution of the United States.

Statement Of = Senator=20 Patrick Leahy (D-Vt.),
Chairman, = Committee On=20 The Judiciary,
On The = Introduction Of A=20 Senate Resolution
April 10,=20 2008

Today I join = Senator=20 Claire McCaskill in introducing a resolution to = express the=20 common sense of everyone here that Senator McCain is a = =93natural born Citizen,=94 as the term is used in the = Constitution of the United States. Our = Constitution=20 contains three requirements for a person to be = eligible to be=20 President =96 the person must have reached the age of = 35; must=20 have resided in America for 14 years; and must be a = =91=91natural=20 born Citizen=92=92 of the United States. = Certainly there is=20 no doubt that Senator McCain is of sufficient years on = this=20 earth and in this country given that he has been = serving in=20 Washington for over 25 years. However, some = pundits have=20 raised the question of whether he is a =93natural born = Citizen=94=20 because he was born outside of the official borders of = the=20 United States.

John Sidney = McCain, III,=20 was born to American citizens on an American Naval = base in the=20 Panama Canal Zone in 1936. Numerous legal = scholars have=20 looked into the purpose and intent of the =93natural = born=20 Citizen=94 requirement. As far as I am aware, no = one has=20 unearthed any reason to think that the Framers would = have=20 wanted to limit the rights of children born to = military=20 families stationed abroad or that such a limited view = would=20 serve any noble purpose enshrined in our founding=20 document. Based on the understanding of the = pertinent=20 sources of constitutional meaning, it is widely = believed that=20 if someone is born to American citizens anywhere in = the world=20 they are natural born citizens.

It is = interesting to=20 note that another previous presidential candidate, = George=20 Romney, was also born outside of the United = States. He=20 was widely understood to be eligible to be = President. =20 Senator Barry Goldwater was born in a U.S territory = that later=20 became the State of Arizona so some even questioned = his=20 eligibility. Certainly the millions of Americans = who=20 voted for these two Republican candidates believed = that they=20 were eligible to assume the office of the = President. The=20 same is true today.

Because he was = born to=20 American citizens, there is no doubt in my mind that = Senator=20 McCain is a natural born citizen. I recently = asked=20 Secretary of Homeland Security Michael Chertoff, a = former=20 Federal judge, if he had any doubts in his mind. = He did=20 not. I ask unanimous consent that the relevant = excerpt=20 from the Judiciary Committee hearing where Secretary = Chertoff=20 testified be made a part of the record. =20

I expect that this will be a = unanimous=20 resolution of the Senate and I thank the Senator from = Missouri=20 for working with me on this.

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EXCERPT OF = SECRETARY=20 CHERTOFF TESTIMONY FROM APRIL 2, = 2008:

***

Chairman Leahy. We = will come=20 back to that. I would mention one other thing, = if I=20 might, Senator Specter. Let me just ask = this: I=20 believe--and we have had some question in this = Committee to=20 have a special law passed declaring that Senator = McCain, who=20 was born in the Panama Canal, that he meets the = constitutional=20 requirement to be President. I fully believe he=20 does. I have never had any question in my mind = that he=20 meets our constitutional requirement. You are a = former=20 Federal judge. You are the head of the agency = that=20 executes Federal immigration law. Do you have = any doubt=20 in your mind--I mean, I have none in mine. Do = you have=20 any doubt in your mind that he is constitutionally = eligible to=20 become President?

Secretary Chertoff. My = assumption and my understanding is that if you are = born of=20 American parents, you are naturally a natural-born = American=20 citizen.

Chairman Leahy. That = is mine,=20 too. Thank you.

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