FindLaw.com Columnist John Dean again takes up the issue of amending the Constitution to allow naturalized citizens to run for President. In this post, Dean discusses a Boston University Law Review article that takes a long, hard look at the history of the natural born citizen clause and its interaction with other aspects of the Constitution.
Taking the stance that the interpretation of the clause should be addressed before the issue comes up is important, authors Sarah Duggin (a mentor and former law professor of mine) and Mary Beth Collins, argue that issue may have come up before were it not for the vagaries of electoral politicsl.
For example, 1972 Democratic Candidate George McGovern was born of American parents in Mexico. Would he have been qualified to be President. More recently, John McCain, who was born of American parents in the Panama Canal Zone (an American protectorate at that time), could arguably not be a natural born citizen. My brother and sister were born on an American Naval Base in Rota, Spain. While it is unlikely that neither would run for President (while I love them both dearly, electing by brother President would probably scare the pants off me and my sister would probably lack the diplomatic finesse to say something that is not direct), would my brother and sister and the thousands of Americans like them be disqualified.
As you can see, the issue of who is qualified to be president extends beyond the arguement of naturalized citizens like Michigan Governor Jennifer Granholm (D) or Governor Arnold Schwarzenegger (R). Rather the matter of the natural born clause's obsolecence carries far greater implications for the future of this country.
FindLaw's Writ - Dean: A Fresh, Powerful Case for Amending the U.S. Constitution to Remove the "Natural Born" Qualification For the Presidency
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