Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement
several “additions and alterations,” including the specific reference for the first time to a presidential qualification to be a “natural born” citizen:
No Person except a natural born Citizen, or a Citizen of the U.S. at the time of the adoption of this Constitution shall be eligible to the office of President: nor shall any Person be elected to that office, who shall be under the age of 35 years, and who has not been in the whole, at least 14 years a resident within the U.S.[1]
The language proposed on presidential eligibility on September 4 was agreed to without objection and without debate on Friday, September 7, 1787.[2] Stylistic and grammatical changes were made through the Committee of Style to the clause on presidential qualifications to conform to the other phrasing and usage in the document, which resulted in the final language adopted by the delegates and sent to the states for ratification.[3]
Apparent Purpose and Intent
Tracing the development of this clause through the Constitutional Convention of 1787 clearly indicates that there were no specific discussions or other explications within the Convention on the meaning of the specific term “natural born” citizen. This does not mean, however, that there were no discussions at all of the concept of a citizenship qualification for federal officers. In fact, the issue of citizenship for Members of Congress was one that garnered much consideration and debate in the Convention of 1787 and, it has been contended, it is within the framework of this discussion that the eventual citizenship eligibility requirement was adopted for President and may be analyzed.[4]
In stating concerns regarding the citizenship of congressional officeholders, and the required length of such citizenship, George Mason argued that although he “was for opening a wide door for immigrants;… [h]e did not chuse to let foreigners and adventurers make laws for us;” nor would he want “a rich foreign Nation, for example Great Britain, [to] send over her tools who might bribe their way” into federal office for “invidious purposes.”[5] These arguments were echoed later by delegates at the Convention who were concerned with “admitting strangers into our public Councils,”[6] and feared that “foreigners without a long residency in the Country… bring with them, not only attachments to other Countries; but ideas of Govt. so distinct from ours that in every point of view they are dangerous.”[7] Thus, citizenship requirements of seven years for Representatives and nine years for Senators were eventually adopted, although the Convention did not act upon the wishes of Mr. Gerry “that in the future the eligibility might be confined to Natives.”[8] When the citizenship eligibility requirements for President were
- ↑ Id. at 493–494, 498.
- ↑ According to Madison’s notes: “The (section 2.)… requiring that the President should be a natural-born Citizen, &c & have been resident for fourteen years, & be thirty five years of age, was agreed to nem: con:” II Farrand, at 536.
- ↑ II Farrand, at 574, 598.
- ↑ See discussion in Michael Nelson, Constitutional Qualifications for President, Presidential Studies Quarterly, Vol. XVII, Number 2, at 384–391 (Spring 1987).
- ↑ II Farrand, at 216.
- ↑ Id. at 235 (Mr. Morris).
- ↑ Id. at 236 (Mr. Butler).
- ↑ Id. at 268. Mr. Gerry stated his fear that “Persons having foreign attachments will be sent among us & insinuated into our councils, in order to be made instruments for their purpose.”
