The Natural Born Citizen Clause and the Schwarzenegger Debate
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Orrin Hatch and others, reviews arguments from legal commentator John W. Dean, and ultimately argues that Article II is outdated, internally contradictory, and inconsistent with American democratic ideals.
- 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- Historical Origins of Article II and Why It Is Outdated: John Jay, the Constitutional Convention, and outdated fears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.
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.
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.
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