Speech #920104285

I have been in the forefront of the fight to treat all persons equally and fairly. especially all citizens of these United States. Accordingly. I propose an amendment to the Constitution to permit not only natural born. but naturalized citizens. to be eligible for the Office of President of the United States. The Supreme Court. in Schneider v. Rusk. 377 U.S. 163 (1964). holding invalid a statute which provided for loss of citizenship by a naturalized American who resided for 3 years in the country of his birth or former nationality. said:. This statute proceeds on the impermissible assumption that naturalized citizens as a class are less reliable and bear less allegiance to this country than do the native born. This is an assumption that is Impossible for us to make. Moreover. while the Plfth Amendment contains no equal protection clause. it does forbid discrimination that is so unjustifiable as to be violative of due process. . . A nativeborn citizen is free to reside abroad indefinitely without suffering loss of citizenship. The discrimination aimed at naturalized citizens drastically limits their rights to live and work abroad in a way that other citizens may. It creates indeed a secondclass citizenship. The Supreme Court in Rogus v. Bellei. U.S. -. decided April 5. 1971. cited Schneider against Rusk with approval and quoted therefrom to the effect that "the rights of citizenship of the native born and of the naturalized person are of the same dignity and are coextensive." (P. 19 of Slip Opinion. quoting 377 U.S.. at 165.) The Court. in the Bellei case. quoted the first sentence of the 14th amendment: All persons born or naturalized In the United States. and subject to the jurisdiction thereof. are citizens of the United States and of the State wherein they reside. Much was made of the "14th amendmentfirstsentence citizen" by Mr. Justice Blackmum in the Opinion of the Court in that case. Yet the Constitution itself differentiates between the native born and the naturalized citizens. Article II. section 1. clause 4 of the Constitution reads: No person except a natural born Citizen. or a Citizen of the United States. at the time of the Adoption of this Constitution. shall be eligible to the Office of President.... Thus. naturalized citizens. being barred from the Office of President and by inference from the Office of Vice President. are declared to be less than natural or native born citizensthey are denied the privilege of serving their adopted country in the highest office it holds open to native born citizens. Naturalized citizens are truly denied firstclass citizenship. Or. as Mr. Justice Blackmun calls them. "14th amendmentfirstsentence citizens" are being denied "the rights of citizenship of the native born" which "aredeemedof the same dignity and are coextensive" with the rights of naturalized citizens. (See Schneider v. Rusk. 377 U.S.. at 165). These naturalized citizens. like every citizen of the United States. are entitled to all the rights and privileges of citizenship afforded the native born. CXVH2114--Part 26 This amendment to the Constitution would remove this disability from naturalized citizens. Naturalized citizens would be eligible for the Office of President. Both the native born and the naturalized citizens of this country. I submit. are the poorer for thus being deprived of the opportunity to vote for the one personbe he native born or naturalizedwhom they deem to be the best qualified person in the United States for that most exalted of officesthe Presidency of the United States of America. Not only the native born and the naturalized citizens of the United States. but our Nation and the world may well be harmed by the disqualification of such naturalized citizens for the Office of President. The best qualified person may now be deemed a secondclass citizen because of his being a naturalized citizen rather than a nativeborn citizenand the United States and the world is deprived of his leadership. All citizens should be given their fullest choice in the selection of the Presidentespecially in these troubled times. it is essential that the best person be eligible for and elected to the Office of President. No such artificial barrier as secondclass. naturalized status. should prevent his being able to serve his country of adoption if he should be the choice of a majority of the citizens of these United States. his country of adoption. I ask unanimous consent that the text of the Joint resolution be printed in the RECORD at this point.