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Essay Undergraduate 2,332 words

The Natural Born Citizen Clause and the Schwarzenegger Debate

~12 min read 7 sections Law · Constitutional Law
Abstract

This paper examines the political and legal controversy surrounding Article II, Section 1, Clause 5 of the U.S. Constitution, which restricts the presidency to natural-born citizens. Using multiple news and legal sources from 2004, the paper analyzes four central issues: the sanctity of the Constitution, national security concerns, the inconsistency of applying the restriction only to the presidency, and the political optics of proposing the amendment in the era of Governor Arnold Schwarzenegger. The paper surveys proposed amendments introduced by Senator Orrin Hatch and others, reviews arguments from legal commentator John W. Dean, and ultimately argues that Article II is outdated, internally contradictory, and inconsistent with American democratic ideals.

Key Takeaways
  • Introduction: Arnold Schwarzenegger and the Presidential Eligibility Debate: Overview of Article II and proposed amendments
  • Legislative Proposals and the Case for Amendment: Hatch, Dean, and arguments for changing the clause
  • National Security Concerns and Constitutional Contradictions: Security fears and Article II's internal inconsistencies
  • Bipartisan Support and the Schwarzenegger Factor: Cross-party backing and political optics of the amendment
  • Historical Origins of Article II and Why It Is Outdated: John Jay, the Constitutional Convention, and outdated fears
  • Succession Law, National Security, and the Limits of Article II: Succession ambiguity and the real security argument
  • Conclusion: Reassessing the Natural Born Citizen Requirement: Author's synthesis and support for a reformed amendment
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What makes this paper effective

  • The paper synthesizes multiple journalistic and legal sources to present a balanced, multi-perspective analysis rather than relying on a single viewpoint.
  • It organizes a complex debate into four clearly defined issues, making the argument easy to follow and evaluate.
  • The use of specific legislative examples — such as Hatch's Senate proposal and Snyder's House proposal — grounds the argument in concrete political reality rather than abstraction.
  • The writer effectively turns opponents' strongest argument (national security) on its head by using Dean's succession-law analysis, demonstrating engagement with counterarguments.

Key academic technique demonstrated

The paper demonstrates source synthesis: it does not simply summarize each article in turn but draws common themes across multiple sources to build a cumulative argument. The writer identifies where sources agree and disagree, then uses those convergences and tensions to support an analytical framework organized around four central issues.

Structure breakdown

The paper opens with the Schwarzenegger hook and introduces the constitutional clause at issue. It then surveys legislative proposals and key sources, including Tate, Dean, and Frank. The body systematically addresses the four main controversies — constitutional sanctity, national security, the scope of Article II, and the timing/political optics of the amendment. The conclusion integrates the writer's own evaluative response to the sources, making explicit the personal position that Article II is outdated and should be amended with appropriate citizenship-duration safeguards.

Essay 2,332 words

Introduction: Arnold Schwarzenegger and the Presidential Eligibility Debate

Arnold Schwarzenegger has his "Terminator" eyes on the American presidency. The Governor of California campaigned with President Bush, and he told 60 Minutes reporter Morley Safer that he would "absolutely" consider running — if he could. Arnold is prevented from even running for the office of presidency because of Article II, Section 1, Clause 5 of the United States Constitution. The clause reads, "No person except a natural born citizen…shall be eligible to the Office of President." However, Arnold Schwarzenegger proved popular enough to warrant serious legal and political discussions about the validity of that constitutional clause.

In July of 2003, Republican Senator Orrin Hatch introduced a proposed constitutional amendment into the Senate. Under Hatch's proposal, anyone who has been an American citizen for more than twenty years and is otherwise eligible for the office of presidency could run and be elected. A similar proposed amendment was also introduced into the House of Representatives, with the provision that anyone who has been a citizen for at least 35 years may run for the highest office in the nation. In addition to these official proposals, several grassroots movements sprouted up in favor of amending the Constitution — movements that focused almost exclusively on Arnold Schwarzenegger, who had clearly charmed the American public into rethinking a two-centuries-old law.

However, amending the Constitution is no simple task. Not only does a constitutional amendment require a two-thirds majority vote in both Houses of Congress, it must also be ratified by the legislatures of three-fourths of the states — 38 states in total. The United States Constitution has only been amended 27 times. The controversy surrounding the proposed amendment centers on four main issues: general reluctance to alter the Constitution; national security; the special nature of the office of the presidency over other government positions; and the risk of introducing the measure solely for a single charismatic candidate such as Arnold Schwarzenegger.

6 Sections Hidden · 1,550 words
Legislative Proposals and the Case for Amendment310 words
In an October 6, 2004 article entitled "U.S. Lawmakers Consider Amending Constitution to Allow Foreign Born to Run for…
National Security Concerns and Constitutional Contradictions220 words
In a less polemical article, Sarah Frank of the Chicago Tribune addresses both sides of the controversy. Frank notes that the amendment has bipartisan support, even though Schwarzenegger's…
Bipartisan Support and the Schwarzenegger Factor250 words
These articles collectively show that three or four main political issues are at the heart of the controversy over a constitutional amendment allowing foreign-born citizens to be eligible for the United States presidency. First, amending the Constitution is never taken lightly; the document is…
Historical Origins of Article II and Why It Is Outdated280 words
The first issue — the sacrosanct nature of the Constitution — is among the easiest to address. While amending the Constitution should not respond merely to the fluctuating…
Succession Law, National Security, and the Limits of Article II270 words
These articles also demonstrate that amending the Constitution to allow foreign-born citizens to become President would not threaten national security. On the contrary, Dean notes that "in an era of terrorism…
Conclusion: Reassessing the Natural Born Citizen Requirement220 words
Especially in light of the issue regarding the suspicious timing of the proposed amendment, these articles had a considerable impact on how I as a reader thought about the controversy. The fact that several Democrats support the amendment — including Jennifer…

Works Cited

"A Terminator in the White House?" AFP. 28 Oct. 2004.

Dean, John W. "The Pernicious 'Natural Born' Clause of the Constitution: Why Immigrants like Governor Schwarzenegger and Granholm Ought to be Able to Become Presidents." FindLaw.com. 8 Oct. 2004.

Frank, Sarah. "Congress Joins Clamor for Foreign-Born to Seek Presidency." Chicago Tribune. 8 Oct. 2004.

Gladstone, Mark, and Ann E. Marimow. "Schwarzenegger Keeps His Distance from Speculation." MercuryNews.com. 4 Nov. 2004.

Tate, Deborah. "U.S. Lawmakers Consider Amending Constitution to Allow Foreign Born to Run for President." NewsVOA.com. 6 Oct. 2004.

Key Concepts in This Paper
Natural Born Citizen Article II Constitutional Amendment Presidential Eligibility Arnold Schwarzenegger National Security Orrin Hatch Presidential Succession Foreign-Born Citizens Bipartisan Support
Cite This Paper
PaperDue. (2026). The Natural Born Citizen Clause and the Schwarzenegger Debate. PaperDue. https://www.paperdue.com/study-guide/natural-born-citizen-clause-presidency-amendment-58185

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