ERLIHY AUTHOR APPROVED EDITS
CHICAGO-KENT LAW REVIEW
Schwarzenegger, the natural born citizen clause prohibits many otherprominent Americans from becoming president, including Michigan Gov-ernor Jennifer Granholm,
former Secretaries of State Madeleine Albrightand Henry Kissinger, Labor Secretary Elaine Chao,
and over 700 Medal of Honor Winners.
Even though many of these individuals have served inhigh political positions or fought in a war on behalf of America, they arenot able to become president simply because they were not born in theUnited States.
The natural born citizen clause of the United States Constitutionshould be repealed for numerous reasons. Limiting presidential eligibilityto natural born citizens discriminates against naturalized citizens, is out-dated and undemocratic, and incorrectly assumes that birthplace is a proxyfor loyalty. The increased globalization of the world continues to makeeach of these reasons more persuasive. As the world becomes smaller andcultures become more similar through globalization, the natural born citi-zen clause has increasingly become out of place in the American legal sys-tem. However, even though globalization strengthens the case for aConstitutional amendment, many Americans argue against abolishing therequirement. In a recent USA Today/CNN/Gallup Poll taken November19–21, 2004, only 31% of the respondents favored a constitutional amend-ment to abolish the natural born citizen requirement while 67% opposedsuch an amendment.
Although some of the reasons for maintaining thenatural born citizen requirement are rational, many of the reasons are basedprimarily on emotion. Therefore, although globalization is one impetus thatshould drive Americans to rely on reason and amend the Constitution, thispaper argues that common perceptions about globalization ironically willconvince Americans to rely on emotion and oppose a Constitutionalamendment.Part one of this paper provides a brief history and overview of thenatural born citizen requirement. Part two discusses the rational reasons for
8. Jennifer Granholm was born in Canada and moved with her family to the U.S. when she wasfour years old. Myriam Marquez, Editorial,
No Terminating Inevitable Tugs of the Heart
, Oct. 24, 2004, at G3.9. Kasindorf,
note 5, at 2A (noting that Madeleine Albright was born in Czechoslovakiaand Henry Kissinger was born in Germany);
Time for a Change?: Should Concerns Rooted Firmly inthe 18th Century Still Disqualify Immigrants from Serving as President?
note 7, at B6 (notingthat Elaine Chao was born in Taiwan).
10. Vicki Haddock,
President Schwarzenegger?: Some Think It’s Time to Stop Excluding For-eign-Born Citizens from Serving in the Oval Office
., Nov. 2, 2003, at D1.11
. A Constitutional Anachronism
, Editorial, N.Y.
, Sept. 6, 2003, at A10. The UnitedStates Code clarifies some of the ambiguities regarding who is and who is not considered a natural borncitizen.
8 U.S.C. §§ 1401–1408 (2000).12. Kasindorf,
note 5, at 2A.