There aren’t many stupid things in the Constitution, but one of them is the requirement that the president be a “natural born Citizen” of the United States. It’s stupid because we are a nation of immigrants that, in all other respects, draws no invidious distinction between the rights of natural-born and naturalized citizens. It’s stupid because it restricts the presidential talent pool in ways that bear no relationship to presidential talent. (If you think that being a two-term governor of California or Michigan is reasonable preparation for the presidency, forget it: the governors of both states are not citizens by birth.) And it’s stupid because no one can be sure what “natural born Citizen” means. The term’s English common law roots suggest two contrasting definitions: natural born as in born of parents who are citizens, and natural born as in born on the nation’s soil.
John McCain falls afoul of the “soil” definition, some cranks argue, because he was born in Panama, where his father was stationed in the service of his country as a naval officer. And now Politico reports that a new set of cranks has emerged to claim that Barack Obama is really a native Kenyan. Not true, but go figure.
Here’s a suggestion for the new Congress: amend the Constitution to replace the natural-born citizen provision with one requiring that the president be a citizen for at least 20 years. State legislators: Get ready to ratify this amendment in time for the next election.
Of the 27 amendments that have been added to the Constitution, 17 have expanded the bounds of liberty and democracy. Raising the number to 18 by allowing naturalized citizens to be constitutionally eligible for president would fulfill, not undo, the non-stupid intentions and aspirations of the Constitution’s framers.
