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CONGRESSIONAL RECORD — SENATE
Whereas innovative research is progressing faster and is being conducted more aggressively than ever before, due, in part, to the Cystic Fibrosis Foundation’s establishment of a model clinical trials network; Whereas, although the Cystic Fibrosis Foundation continues to fund a research pipeline for more than 30 potential therapies and funds a nationwide network of care centers that extend the length and quality of life for people with cystic fibrosis, lives continue to be lost to this disease every day; Whereas education of the public about cystic fibrosis, including the symptoms of the disease, increases knowledge and understanding of cystic fibrosis and promotes early diagnosis; and Whereas the Cystic Fibrosis Foundation will conduct activities to honor National Cystic Fibrosis Awareness Month in May 2008: Now, therefore, be it Resolved, That the Senate— (1) honors the goals and ideals of National Cystic Fibrosis Awareness Month; (2) supports the promotion of further public awareness and understanding of cystic fibrosis; (3) encourages early diagnosis and access to quality care for people with cystic fibrosis to improve the quality of their lives; and (4) supports research to find a cure for cystic fibrosis by fostering an enhanced research program through a strong Federal commitment and expanded public-private partnerships. f

April 10, 2008

to originate student loans or finance student loan-related activities. This will provide funds for banks to help provide critically-needed student loans during these difficult economic times. The Federal Home Loan Banks are today an essential source of stable, low-cost funds to financial institutions for home mortgage, small business, and rural and agricultural loans. With their members, the Federal Home Loan Banks represent one of the largest sources of home mortgage and community credit. There are twelve Federal Home Loan Banks, including one in Boston, each located in different regions of the country. Their cooperative structure is ideal for serving the system’s 8,100 member lenders. Today, the Federal Home Loan Banks provide billions of dollars of primary liquidity to approximately 80 percent of the Nation’s financial institutions. By providing this additional student loan authorization to its members, member institutions will be able to remain active in the student loan marketplace and help students pay for their education. This legislation is absolutely vital to securing the opportunity of higher education for all who choose to pursue it.
f

SUBMITTED RESOLUTIONS SENATE RESOLUTION 510—SUPPORTING THE GOALS AND IDEALS OF NATIONAL CYSTIC FIBROSIS AWARENESS MONTH Mrs. MURRAY (for herself and Mr. INHOFE) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:
S. RES. 510 Whereas cystic fibrosis is one of the most common life-threatening genetic diseases in the United States and one for which there is no known cure; Whereas the average life expectancy of an individual with cystic fibrosis is 37 years, an improvement from a life expectancy in the 1960s where children did not live long enough to attend elementary school, but still unacceptably short; Whereas approximately 30,000 people in the United States have cystic fibrosis, more than half of them children; Whereas 1 of every 3,500 babies born in the United States is born with cystic fibrosis; Whereas more than 10,000,000 Americans are unknowing, symptom-free carriers of the cystic fibrosis gene; Whereas the Centers for Disease Control and Prevention recommend that all States consider newborn screening for cystic fibrosis; Whereas the Cystic Fibrosis Foundation urges all States to implement newborn screening for cystic fibrosis to facilitate early diagnosis and treatment which improves health and life expectancy; Whereas prompt, aggressive treatment of the symptoms of cystic fibrosis can extend the lives of people who have the disease; Whereas recent advances in cystic fibrosis research have produced promising leads in gene, protein, and drug therapies beneficial to people who have the disease;

SENATE RESOLUTION 511—RECOGNIZING THAT JOHN SIDNEY MCCAIN III, IS A NATURAL BORN CITIZEN Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary:
S. RES. 511 Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‘‘natural born Citizen’’ of the United States; Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States; Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country’s President; Whereas such limitations would be inconsistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’; Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders; Whereas previous presidential candidates, were born outside of the United States of America and were understood to be eligible to be President; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States.

mmaher on PROD1PC76 with CONG-REC-ONLINE

Mr. LEAHY. Mr. President, today I join Senator CLAIRE MCCASKILL in introducing a resolution to express the common sense of everyone here that Senator MCCAIN is a ‘‘natural born Citizen,’’ as the term is used in the Constitution of the United States. Our Constitution contains three requirements for a person to be eligible to be President—the person must have reached the age of 35; must have resided in America for 14 years; and must be a ‘‘natural born Citizen’’ of the United States. Certainly there is no doubt that Senator MCCAIN is of sufficient years on this earth and in this country given that he has been serving in Washington for over 25 years. However, some pundits have raised the question of whether he is a ‘‘natural born Citizen’’ because he was born outside of the official borders of the United States. JOHN SIDNEY MCCAIN, III, was born to American citizens on an American Naval base in the Panama Canal Zone in 1936. Numerous legal scholars have looked into the purpose and intent of the ‘‘natural born Citizen’’ requirement. As far as I am aware, no one has unearthed any reason to think that the Framers would have wanted to limit the rights of children born to military families stationed abroad or that such a limited view would serve any noble purpose enshrined in our founding document. Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens. It is interesting to note that another previous presidential candidate, George Romney, was also born outside of the United States. He was widely understood to be eligible to be President. Senator Barry Goldwater was born in a U.S. territory that later became the State of Arizona so some even questioned his eligibility. Certainly the millions of Americans who voted for these two Republican candidates believed that they were eligible to assume the office of the President. The same is true today. Because he was born to American citizens, there is no doubt in my mind that Senator MCCAIN is a natural born citizen. I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not. I expect that this will be a unanimous resolution of the Senate and I thank the Senator from Missouri for working with me on this. I ask unanimous consent that the relevant excerpt from the Judiciary Committee hearing where Secretary Chertoff testified be made a part of the RECORD.
EXCERPT OF SECRETARY CHERTOFF TESTIMONY FROM APRIL 2, 2008 Chairman LEAHY. We will come back to that. I would mention one other thing, if I might, Senator Specter. Let me just ask this: I believe—and we have had some question in this Committee to have a special law

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April 10, 2008

CONGRESSIONAL RECORD — SENATE
to his family and his Nation will not be forgotten: Now, therefore, be it Resolved, That the Senate— (1) honors the life, achievements, and contributions of Charlton Heston; and (2) extends its deepest sympathies to the family of Charlton Heston for the loss of such a great and generous man, husband, and father. f

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passed declaring that Senator McCain, who was born in the Panama Canal, that he meets the constitutional requirement to be President. I fully believe he does. I have never had any question in my mind that he meets our constitutional requirement. You are a former Federal judge. You are the head of the agency that executes Federal immigration law. Do you have any doubt in your mind—I mean, I have none in mine. Do you have any doubt in your mind that he is constitutionally eligible to become President? Secretary CHERTOFF. My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen. Chairman LEAHY. That is mine, too. Thank you. f

SENATE RESOLUTION 512—HONORING THE LIFE OF CHARLTON HESTON Mr. DEMINT (for himself, Mr. BAUCUS, Mr. MCCONNELL, Mr. ALLARD, Mr. CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NELSON of Nebraska, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary:
S. RES. 512 Whereas the United States has lost a great patriot with the passing of Charlton Heston; Whereas Charlton Heston first became beloved by the Nation as a great actor and portrayed many heroic figures, including Moses, Michelangelo, Andrew Jackson, John the Baptist, Mark Antony, and El Cid in epic movies of the 1950s and 1960s, and won the 1959 Best Actor Academy Award (Oscar) for playing the title character in ‘‘Ben-Hur’’; Whereas Charlton Heston was a leader in many areas of life outside of acting, including serving as president of the Screen Actors Guild, which he helped to integrate with Ronald Reagan, and as chairman of the American Film Institute; Whereas Charlton Heston was an active supporter of the civil rights movement, including protesting the showing of his film at a segregated movie theater in Oklahoma City and participating in and leading the Arts Group in the 1963 civil rights march on Washington; Whereas, in the last major public role of his life, Charlton Heston was president of the National Rifle Association from June 1998 until April 2003; Whereas, as president of the National Rifle Association, Charlton Heston was a stalwart defender of the 2nd Amendment right of citizens to keep and bear arms and was an active and effective promoter of wildlife management through hunting; Whereas in 2003 Charlton Heston was awarded the Presidential Medal of Freedom, the Nation’s highest civilian honor; Whereas Charlton Heston was born in Evanston, Illinois, on October 4, 1923, and his parents moved to St. Helen, Michigan, where he grew up; Whereas in 1943 Charlton Heston enlisted in the Army Air Forces and served as a radio-gunner in the Aleutian Islands of Alaska, and in 1947 he was discharged from the Army; Whereas in 1944 Charlton Heston married the love of his life, Lydia Clarke, to whom he had been married 64 years at his death; Whereas Charlton and Lydia Heston are the parents of 2 children, Fraser Heston and Holly Heston Rochell; Whereas Charlton Heston passed away on April 5, 2008, and the contributions he made

SENATE CONCURRENT RESOLUTION 75—EXPRESSING THE SENSE OF CONGRESS THAT THE SECRETARY OF DEFENSE SHOULD TAKE IMMEDIATE STEPS TO APPOINT DOCTORS OF CHIROPRACTIC AS COMMISSIONED OFFICERS IN THE ARMED FORCES Mr. COLEMAN (for himself and Mr. HARKIN) submitted the following concurrent resolution; which was referred to the Committee on Armed Services:
S. CON. RES. 75 Whereas the Secretary of Defense has statutory authority under section 3070 of title 10, United States Code, to appoint doctors of chiropractic as commissioned officers in the Armed Forces, but has not yet made such appointments; Whereas the urgent needs of military personnel in the field of operations include access to the widest possible range of health care options, especially in the area of care of the spine and related structures of the body; Whereas providing military personnel in the field of operations with access to chiropractic care will increase the cost effectiveness of military health care expenditures by taking advantage of the conservative, drugless, and non-surgical care option offered by chiropractic care; Whereas back injuries are the leading cause of lost service time and disability in the Armed Forces; Whereas military personnel in the field of operations or on shipboard can access chiropractic care only through commissioned chiropractic officers; Whereas access to chiropractic care through commissioned chiropractic officers will enhance the combat readiness of military personnel by offering a non-pharmaceutical option for the health care needs of such personnel; and Whereas the appointment of doctors of chiropractic as commissioned offices will make use of a highly skilled and trained pool of health care professionals and help to meet the growing demand for chiropractic care in the Armed Forces: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that the Secretary of Defense should take immediate steps to establish a career path for doctors of chiropractic to be appointed as commissioned officers in all branches of the Armed Forces for purposes of providing chiropractic services to members of the Armed Forces. f

Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation. SA 4524. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill S. 2739, to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes; which was ordered to lie on the table. f

TEXT OF AMENDMENTS SA 4523. Mr. DODD (for himself and Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protection consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation; as follows:
Amend the title so as to read: To provide needed housing reform and for other purposes.

SA 4524. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill S. 2739, to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.; which was ordered to lie on the table; as follows:
Strike section 335. f

NOTICE OF HEARING
COMMITTEE ON ENERGY AND NATURAL RESOURCES

AMENDMENTS SUBMITTED AND PROPOSED
SA 4523. Mr. DODD (for himself and Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the

smartinez on PRODPC60 with SENATE

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, May 1, 2008, at 9:30 a.m., in room SD–366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on the military buildup on Guam: impact on the civilian community, planning, and response. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510–6150, or by e-mail to Rosemarie Calabro@energy.senate.gov.

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NOTlCE TO W E CLERK OF RECORDS

Ttit minnteyon d v e any recod, document, paper, proceeding, map, book or o d ~ m thing depOsitea with you, you are commhhg aim= against justice d m Revised S W t s of the United Stam First Section 43 Congms, Sections 5403,5407 aad 5408 totaling up to $9,000 in h w and up to 12 years in prison pm a&hvityaufailtoremrd T i t l e l 8 U S C ~ m 2 0 7 1 atsocaui-kqimpriisonmentand dkplification of&If p u t county attorney toid you not to file any documents like mine, yon are still rsspomible, as I da no acmpt rd-party-intebvenem. Any attorney, district attorney, or q m e parties and do not have a licu~se make a legal detmmhation in to h m the hwydng d am d l t i matter as they do not represent M e and Yau, the oomty c l e do not have the authority to r e p m t hs Me. Should You fail to uphold Your swom o& and +rm your duties I will h v e no choice but to rcwrd aaA€iiaaVit ofC r i m i d Complaint agahtst Your amd Liend a mpy to Your bonding company.

e

Title I X X 4 ~ , - C W . 4 . CIUMES AGAINST JUSTICE
50 . -3

Every person who w l f l y destroys Mattempts to deshoy, or, with intent to steal or d m y , ilul takes and carries away any mmd, paper, or promding of a c o w of justice, filed or deposited with any c l d or oEcer of so& court, or any papa, or document, o record fled or depasikd i any public ofice, r n or wid^ any judicial or public officer, &dl, withunt rehmce to the vaIue of the record,paper, d o m e d , or procGediag srr taken, pay a h e ofnot more than two thousand dollars, or s * imprisonment, at hard l a b , aot mwe thaa tree ywm, or both: [S* Q 8 54083411,54 t 4.1J Titie =.C - . - CH.4. CRIMES AGAINST msnm h, pablic-ds.)
SC5407. I two or more peasons i my State or Taritory conspire for the purpose ofimpeding f n hindering.o b c h g or defeating,ia any mthed m come ofjustice in any State or Territory, with , intent d q to my citizenthe equd protection of the laws, or to i* him or his property fur lawhlly n wforcin& or att~tllpting enforce, the right of any person, or class of person, to the equal protection of to thelaws, ewhofsochpersonshall beprmishedby a f i n e o f n o t l ~ t b a n ~ e h m d r e d n o r m o r e ~ f i v e thomaad dollam, or by imprkoammt, witb or w i t h u t harrl I&ra wt less than six month nor more tban six years, or by both sueh h e and imprisonmeai. S w 5 9 1977-1991,20042010,5506-5510.1 Tide LXX CIUMES. CK.4. CRIMES AGAINST JUSTICE (Conspiracy to defeat enfammart ofthe laws.)

-

-

SEC5408. Evwy officer, having the custody of m m r d , document, paper, or proceding specified i y n e m fifty-fim hundrcd and three,who f m d d d y takes away, o withdraws, or destroys any soah r rwmd, docmmt, paper, or p m c d k g f l d in his OEM depsitsd with him or in his cmtody, shall ie or pay a fine of not more fhan two thougand dollars, or d e r imigrisoammtat bard labor not more than three yms, bo€band W moreaver, Wcit h s office and be foreva d k w a r d disqualified froan holding or i arry ofice u a d a the Govmment of the United S a e . @esbyiug record by oEca in charge.) tts

S d o n 2071. Concealment, ternoval, or mutilation geblmlly
(a) Whoever wiifulIy and unlawfUfly c m c d s , removes, mutilates, obliterab, or d a m p , w attmnpts to do so, or, with intent to do so takes and canim away my record, proceeding, map, book, paper, documen5 or other thing, flbd or dtposited with any clak or o f i c a ofany mnd of the United W,or in any public office, or with any jdicia! orpublic o 5 c a ofh e United States, shall be ihep under ihs title w imprisoned not more tban kyears, or both
(b) Wh,

M g the wstody ofmy such reed., proceeding, map, book, doarmeat, paper, or other thing, wiIlllly and d a w f d y conads, removes, mutilates, obliterates, fddies, or destroys the same, Bhall be fined unda this title or imprimned mot more than tbrae years, Mhth; d s h d forfeit his office andbe disqualified ftwn ho?di~~g office mdu the United States. As used in any this subsection, the t m u~ffi~e" not include the oftice held by my pason as a reaired officer does ofthe Armed F o m of the United States.

[ Judicial Notice ]
1. ["A judgment rendered i violation of due process is void" World Wde VoIKrwagot n W d e r r , 444 US.286,29 I ; National Bmtk v. WiZey, 195 US 257; Penmyer v. Ne_t 95 US 7143

[ ". the .mpkmmbofdue process must b met Wore the court can properly assert in ,. persomnt j ~ c t i o n " WeZIsFargo v. W e b Fargo,556 F2d 406,416.1
essential of due process of law." [. Notification of legal xespnsibiity is w e C o d & v Geaeral Combwdion Co., 269 US 385,3911 .
[. w A ~ w h i c h e i t h e r f o r b i & o r r e q ~ ~ d o ' m g o f m ~ i n ~ s o v a g u e t h a t men ofcommon intelligence must necessarily guess a its meaning and differ as to its t application, violates the tmntial of due process of law." Godly v. General Comimction Co.. 269 U.S. 3 8539I]

[. nWheneverit appears that the court lacks subject matterjuzisdiction, the ant is obliged t dismiss the adios" Elly v. Coastal Cop., 503 U.S. 131,136-37; U S. v. o Texar, 252 F. Supp 234,2541 n [. " O n o e ~ c t i o is challenged, the court cannotproceed when it clearly s p p e a ~ s that the court lacks jurisdiction, the court has no authority t reach maits, but, rather o should dismis~ &OIL'' the Melo v, US, F.2d 10261 505

is no d i d o n to ignore lack ofjwidictio~~" Joyce v. US, 474 F 26 2151

Case 1:08-cv-02234-RJL

Document 19-2

Filed 06/01/2009

Page 234 of 243

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CONGRESSIONAL RECORD — SENATE
Whereas innovative research is progressing faster and is being conducted more aggressively than ever before, due, in part, to the Cystic Fibrosis Foundation’s establishment of a model clinical trials network; Whereas, although the Cystic Fibrosis Foundation continues to fund a research pipeline for more than 30 potential therapies and funds a nationwide network of care centers that extend the length and quality of life for people with cystic fibrosis, lives continue to be lost to this disease every day; Whereas education of the public about cystic fibrosis, including the symptoms of the disease, increases knowledge and understanding of cystic fibrosis and promotes early diagnosis; and Whereas the Cystic Fibrosis Foundation will conduct activities to honor National Cystic Fibrosis Awareness Month in May 2008: Now, therefore, be it Resolved, That the Senate— (1) honors the goals and ideals of National Cystic Fibrosis Awareness Month; (2) supports the promotion of further public awareness and understanding of cystic fibrosis; (3) encourages early diagnosis and access to quality care for people with cystic fibrosis to improve the quality of their lives; and (4) supports research to find a cure for cystic fibrosis by fostering an enhanced research program through a strong Federal commitment and expanded public-private partnerships. f

April 10, 2008

to originate student loans or finance student loan-related activities. This will provide funds for banks to help provide critically-needed student loans during these difficult economic times. The Federal Home Loan Banks are today an essential source of stable, low-cost funds to financial institutions for home mortgage, small business, and rural and agricultural loans. With their members, the Federal Home Loan Banks represent one of the largest sources of home mortgage and community credit. There are twelve Federal Home Loan Banks, including one in Boston, each located in different regions of the country. Their cooperative structure is ideal for serving the system’s 8,100 member lenders. Today, the Federal Home Loan Banks provide billions of dollars of primary liquidity to approximately 80 percent of the Nation’s financial institutions. By providing this additional student loan authorization to its members, member institutions will be able to remain active in the student loan marketplace and help students pay for their education. This legislation is absolutely vital to securing the opportunity of higher education for all who choose to pursue it.
f

SUBMITTED RESOLUTIONS SENATE RESOLUTION 510—SUPPORTING THE GOALS AND IDEALS OF NATIONAL CYSTIC FIBROSIS AWARENESS MONTH Mrs. MURRAY (for herself and Mr. INHOFE) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and Pensions:
S. RES. 510 Whereas cystic fibrosis is one of the most common life-threatening genetic diseases in the United States and one for which there is no known cure; Whereas the average life expectancy of an individual with cystic fibrosis is 37 years, an improvement from a life expectancy in the 1960s where children did not live long enough to attend elementary school, but still unacceptably short; Whereas approximately 30,000 people in the United States have cystic fibrosis, more than half of them children; Whereas 1 of every 3,500 babies born in the United States is born with cystic fibrosis; Whereas more than 10,000,000 Americans are unknowing, symptom-free carriers of the cystic fibrosis gene; Whereas the Centers for Disease Control and Prevention recommend that all States consider newborn screening for cystic fibrosis; Whereas the Cystic Fibrosis Foundation urges all States to implement newborn screening for cystic fibrosis to facilitate early diagnosis and treatment which improves health and life expectancy; Whereas prompt, aggressive treatment of the symptoms of cystic fibrosis can extend the lives of people who have the disease; Whereas recent advances in cystic fibrosis research have produced promising leads in gene, protein, and drug therapies beneficial to people who have the disease;

SENATE RESOLUTION 511—RECOGNIZING THAT JOHN SIDNEY MCCAIN III, IS A NATURAL BORN CITIZEN Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary:
S. RES. 511 Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‘‘natural born Citizen’’ of the United States; Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States; Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country’s President; Whereas such limitations would be inconsistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’; Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders; Whereas previous presidential candidates, were born outside of the United States of America and were understood to be eligible to be President; and Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States.

mmaher on PROD1PC76 with CONG-REC-ONLINE

Mr. LEAHY. Mr. President, today I join Senator CLAIRE MCCASKILL in introducing a resolution to express the common sense of everyone here that Senator MCCAIN is a ‘‘natural born Citizen,’’ as the term is used in the Constitution of the United States. Our Constitution contains three requirements for a person to be eligible to be President—the person must have reached the age of 35; must have resided in America for 14 years; and must be a ‘‘natural born Citizen’’ of the United States. Certainly there is no doubt that Senator MCCAIN is of sufficient years on this earth and in this country given that he has been serving in Washington for over 25 years. However, some pundits have raised the question of whether he is a ‘‘natural born Citizen’’ because he was born outside of the official borders of the United States. JOHN SIDNEY MCCAIN, III, was born to American citizens on an American Naval base in the Panama Canal Zone in 1936. Numerous legal scholars have looked into the purpose and intent of the ‘‘natural born Citizen’’ requirement. As far as I am aware, no one has unearthed any reason to think that the Framers would have wanted to limit the rights of children born to military families stationed abroad or that such a limited view would serve any noble purpose enshrined in our founding document. Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens. It is interesting to note that another previous presidential candidate, George Romney, was also born outside of the United States. He was widely understood to be eligible to be President. Senator Barry Goldwater was born in a U.S. territory that later became the State of Arizona so some even questioned his eligibility. Certainly the millions of Americans who voted for these two Republican candidates believed that they were eligible to assume the office of the President. The same is true today. Because he was born to American citizens, there is no doubt in my mind that Senator MCCAIN is a natural born citizen. I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not. I expect that this will be a unanimous resolution of the Senate and I thank the Senator from Missouri for working with me on this. I ask unanimous consent that the relevant excerpt from the Judiciary Committee hearing where Secretary Chertoff testified be made a part of the RECORD.
EXCERPT OF SECRETARY CHERTOFF TESTIMONY FROM APRIL 2, 2008 Chairman LEAHY. We will come back to that. I would mention one other thing, if I might, Senator Specter. Let me just ask this: I believe—and we have had some question in this Committee to have a special law

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CONGRESSIONAL RECORD — SENATE
to his family and his Nation will not be forgotten: Now, therefore, be it Resolved, That the Senate— (1) honors the life, achievements, and contributions of Charlton Heston; and (2) extends its deepest sympathies to the family of Charlton Heston for the loss of such a great and generous man, husband, and father. f

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passed declaring that Senator McCain, who was born in the Panama Canal, that he meets the constitutional requirement to be President. I fully believe he does. I have never had any question in my mind that he meets our constitutional requirement. You are a former Federal judge. You are the head of the agency that executes Federal immigration law. Do you have any doubt in your mind—I mean, I have none in mine. Do you have any doubt in your mind that he is constitutionally eligible to become President? Secretary CHERTOFF. My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen. Chairman LEAHY. That is mine, too. Thank you. f

SENATE RESOLUTION 512—HONORING THE LIFE OF CHARLTON HESTON Mr. DEMINT (for himself, Mr. BAUCUS, Mr. MCCONNELL, Mr. ALLARD, Mr. CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NELSON of Nebraska, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on the Judiciary:
S. RES. 512 Whereas the United States has lost a great patriot with the passing of Charlton Heston; Whereas Charlton Heston first became beloved by the Nation as a great actor and portrayed many heroic figures, including Moses, Michelangelo, Andrew Jackson, John the Baptist, Mark Antony, and El Cid in epic movies of the 1950s and 1960s, and won the 1959 Best Actor Academy Award (Oscar) for playing the title character in ‘‘Ben-Hur’’; Whereas Charlton Heston was a leader in many areas of life outside of acting, including serving as president of the Screen Actors Guild, which he helped to integrate with Ronald Reagan, and as chairman of the American Film Institute; Whereas Charlton Heston was an active supporter of the civil rights movement, including protesting the showing of his film at a segregated movie theater in Oklahoma City and participating in and leading the Arts Group in the 1963 civil rights march on Washington; Whereas, in the last major public role of his life, Charlton Heston was president of the National Rifle Association from June 1998 until April 2003; Whereas, as president of the National Rifle Association, Charlton Heston was a stalwart defender of the 2nd Amendment right of citizens to keep and bear arms and was an active and effective promoter of wildlife management through hunting; Whereas in 2003 Charlton Heston was awarded the Presidential Medal of Freedom, the Nation’s highest civilian honor; Whereas Charlton Heston was born in Evanston, Illinois, on October 4, 1923, and his parents moved to St. Helen, Michigan, where he grew up; Whereas in 1943 Charlton Heston enlisted in the Army Air Forces and served as a radio-gunner in the Aleutian Islands of Alaska, and in 1947 he was discharged from the Army; Whereas in 1944 Charlton Heston married the love of his life, Lydia Clarke, to whom he had been married 64 years at his death; Whereas Charlton and Lydia Heston are the parents of 2 children, Fraser Heston and Holly Heston Rochell; Whereas Charlton Heston passed away on April 5, 2008, and the contributions he made

SENATE CONCURRENT RESOLUTION 75—EXPRESSING THE SENSE OF CONGRESS THAT THE SECRETARY OF DEFENSE SHOULD TAKE IMMEDIATE STEPS TO APPOINT DOCTORS OF CHIROPRACTIC AS COMMISSIONED OFFICERS IN THE ARMED FORCES Mr. COLEMAN (for himself and Mr. HARKIN) submitted the following concurrent resolution; which was referred to the Committee on Armed Services:
S. CON. RES. 75 Whereas the Secretary of Defense has statutory authority under section 3070 of title 10, United States Code, to appoint doctors of chiropractic as commissioned officers in the Armed Forces, but has not yet made such appointments; Whereas the urgent needs of military personnel in the field of operations include access to the widest possible range of health care options, especially in the area of care of the spine and related structures of the body; Whereas providing military personnel in the field of operations with access to chiropractic care will increase the cost effectiveness of military health care expenditures by taking advantage of the conservative, drugless, and non-surgical care option offered by chiropractic care; Whereas back injuries are the leading cause of lost service time and disability in the Armed Forces; Whereas military personnel in the field of operations or on shipboard can access chiropractic care only through commissioned chiropractic officers; Whereas access to chiropractic care through commissioned chiropractic officers will enhance the combat readiness of military personnel by offering a non-pharmaceutical option for the health care needs of such personnel; and Whereas the appointment of doctors of chiropractic as commissioned offices will make use of a highly skilled and trained pool of health care professionals and help to meet the growing demand for chiropractic care in the Armed Forces: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That it is the sense of Congress that the Secretary of Defense should take immediate steps to establish a career path for doctors of chiropractic to be appointed as commissioned officers in all branches of the Armed Forces for purposes of providing chiropractic services to members of the Armed Forces. f

Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation. SA 4524. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill S. 2739, to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes; which was ordered to lie on the table. f

TEXT OF AMENDMENTS SA 4523. Mr. DODD (for himself and Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protection consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation; as follows:
Amend the title so as to read: To provide needed housing reform and for other purposes.

SA 4524. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill S. 2739, to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.; which was ordered to lie on the table; as follows:
Strike section 335. f

NOTICE OF HEARING
COMMITTEE ON ENERGY AND NATURAL RESOURCES

AMENDMENTS SUBMITTED AND PROPOSED
SA 4523. Mr. DODD (for himself and Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, reducing carbon emissions, creating green jobs, protecting consumers, increasing clean renewable energy production, and modernizing our energy infrastructure, and to amend the

smartinez on PRODPC60 with SENATE

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, May 1, 2008, at 9:30 a.m., in room SD–366 of the Dirksen Senate Office Building. The purpose of the hearing is to receive testimony on the military buildup on Guam: impact on the civilian community, planning, and response. Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510–6150, or by e-mail to Rosemarie Calabro@energy.senate.gov.

VerDate Aug 31 2005

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- QUE UUB DIGNA'CARIOS SON : SECRETARIO : Cx3NA1,D [. . 1 .AMB--REPRESENTAN'CE LEGAL : f,E C :RAND6 N . LAM B PREBIDENTE . MARK LAMS TESORERO : MARK LAMB VICE-PREBIDENTE VOCAL : JIM RA Y - OUE LA RE:PRESENTACIOF7 LEGAL LA E .FNRCE:RA : EL REPREBENTANTE LEGAL LO SERA DONALD LYNN LAM B MARGINAL DE ADVERTENCIA SOBRE : LOS ASIENTOB 9 227/2003 D-521683 . ABCENTO 87333/2003 D-517736 . ASIENTO 6 2565/2003 CON REINGRESO AI . ABIENTO 65'736/ 2003D-479564rIAS CUALEB NO CUMPLIAN CON LOIi RE(IUISITOS DE: LEY PARA BU CA LIFICACION E INSCRIPCION . ESTA NOTA MARGINAL NO ANULA LA INBCRIPCION PERO RESTRINGE LOS DERECHOS DEL DUEuO DE TAIP MANERA . QUE MIENTRAS NO SE CANCELE O BE PRACTIf]UE .EN Sll CABO . LA RECTIFI :CAF'ION . NO PODRA HACERBE OPERACION ALGUNA POSTERIOR . RELATIVA AL ASI:ENTO DE GUE BE TRATA . LAS COB TANCIAS REGIBTRALES ADVIERTEN OUE EL ASIENTO 87333/2 003 NO EXISTE ERROR EN SU INSCRIPCIOY .SUS EFECTOS JCIRIDICOS SE AFECTAN POR Sr. ABIENTO62 .565 . EXPEDIDO Y FIRMADO EN LA PROVINCIA DE PANAMA DEL DOS MIL OCHO A LAS 05 :06 :17 .P .M . 1OTA : ESTA CERTIFICACION PAGO DXRECHOS POR UN VALOR DE B/ . 30 .00 COMPROBANTE NO . 0E3- 59552 9 NO . CERTIFICADO : S . EXTRANJERA - . 000585 FECAA : Martee 20 . Mayo DE 200 8 PAMO / / . EL VEINTE DE MAYO

CERTIFICADOR

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AFFIDAVIT OF DONALD LYNN LAM B
I am Donald Lynn Lamb, a naturalizad Panamanian Citizen, male, single, with Panamanian ldentification Number

N-19-41Z.

I do hereby attest that 1 am at present the Legal Representative of the private New York Company called the :

PANAMA RAILROAD COMPANY.

Registered in the Panama Public Registry in Ficha S .E. 942, Document 42417 in conformity with Certificado Number 769760 dated May 20, 2008 .

I attest that we have recorded in the Live Birth Records of the Panama Railroad Company the following Live Birth .

THE PANAMA CANAL" HEALTH DEPARTMEN T

CERTIFICATE OF LIVE BIRTH Born in the City of Colon, Republic of Panama, JOHN SIDNEY MCCAIN II I Male Legitimate August 29, 193 6
Father - John McCain Mother - Roberta Wright Residence : Colon Residence : Colon Color - White Color - White Occupation : US Military Occupation : Housewife

CERTIFICATE OF ATTENDING PHYSICIAN Born alive at 6 :25 PM Signature R .F . Annis, Physician August 29, 193 6

Signed

John Wallace
Superintendent

Further, your affiant sayeth naught.

ALD LYNN LAMB

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Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

Source: 5 Nov 2010 posting at http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

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