Empowering Our Children to Dream Without Limitations: A Call to Revisit the ‘Natural Born Citizen’ Requirement in the Obama Era

Abstract

This article examines the unique requirement in the U.S. Constitution that American presidents must be 'natural born' citizens. Although U.S. citizenship is constitutionally required to serve in other elected offices, the presidential requirement of 'natural born' citizenship is anomalous. Indeed, it has been criticized as establishing a type of second-class citizenship by excluding whole segments of our citizenry from ever aspiring to our country’s highest office. For example, citizens are excluded from eligibility if they were born outside the United States while their parents were serving our nation in the military, if they came to this country through adoption by American citizens, or if they were born in another country but immigrated and were eventually naturalized. Indeed, because naturalized citizens are excluded by the “natural born” requirement, the exclusion now disproportionately impacts people of color since most naturalized citizens are originally from Latin America or Asia.The 'natural born' citizen requirement directly impacts only a handful of politicians who might campaign for the White House but for their foreign birth. Nonetheless, the requirement indirectly impacts large numbers of children who can never aspire to the presidency due to a fluke of birth, over which they had no control. Such ineligibility is tragic because our nation’s highest office is a broad metaphor for childhood aspirations. The dreams of many children are stunted due to an anachronistic requirement in the Constitution. Moreover, the curtailing impact of the 'natural born' requirement on these children’s dreams is particularly ironic and out of place at the dawn of the Obama administration. The recent improbable election and inauguration of Barack Obama has inspired children around our country to dream big. If the son of a Kenyan shepherd can become the leader of the free world, surely no dream is out of reach if one works hard in school and perseveres. For American children born abroad, however, the dream of the presidency is still out of reach unless the out-dated 'natural born' citizenship requirement is removed. Modern scholars have consistently concluded that the 'natural born' requirement has outlived any usefulness it once had, and it is blatantly discriminatory. Nonetheless, past efforts to eliminate the requirement have not been successful. It is always a slow, arduous process to effect any constitutional amendment. To be successful, there must be a sizeable and passionate group willing to do the hard work to get it done. This article advocates that the families of children excluded by the 'natural born' requirement would be the best candidates to take up this cause. Specifically, a powerful alliance could be forged between parents serving in the military, the parents of foreign-born adoptees, and the parents of immigrant children.