S3646 CONGRESSIONAL RECORD — SENATE April 30, 2008 would make him a ‘‘natural born’’ citizen ‘‘Foreigners’’ attaining the position of Com- APPOINTMENTS under the well-established principle that mander in Chief. 3 Max Farrand, The Records ‘‘natural born’’ citizenship includes birth of the Federal Convention of 1787, at 61 The PRESIDING OFFICER. The within the territory and allegiance of the (1911). It goes without saying that the Fram- Chair, on behalf of the Vice President, United States. See, e.g., Wong Kim Ark, 169 ers did not intend to exclude a person from pursuant to 22 U.S.C. 276d–276g, as U.S. at 655–66. The Fourteenth Amendment the office of the President simply because he amended, appoints the following Sen- expressly enshrines this connection between or she was born to U.S. citizens serving in ators as members of the Senate Delega- birthplace and citizenship in the text of the the U.S. military outside of the continental tion to the Canada-U.S. Inter- Constitution. U.S. Const. amend. XIV, § 1 United States; Senator McCain is certainly parliamentary Group conference during (‘‘All persons born or naturalized in the not the hypothetical ‘‘Foreigner’’ who John United States, and subject to the jurisdic- Jay and George Washington were concerned the Second Session of the 110th Con- tion thereof, are citizens of the United might usurp the role of Commander in Chief. gress: the Honorable GEORGE V. States. * * * ’’) (emphases added). Premising Therefore, based on the original meaning VOINOVICH of Ohio, and the Honorable ‘‘natural born’’ citizenship on the character of the Constitution, the Framers’ intentions, LISA A. MURKOWSKI of Alaska. of the territory in which one is born is root- and subsequent legal and historical prece- f ed in the common-law understanding that dent, Senator McCain’s birth to parents who persons born within the British kingdom and were U.S. citizens, serving on a U.S. military ORDERS FOR THURSDAY, under loyalty to the British Crown—includ- base in the Panama Canal Zone in 1936, APRIL 30, 2008 ing most of the Framers themselves, who makes him a ‘‘natural born Citizen’’ within were born in the American colonies—were the meaning of the Constitution. Mr. BROWN. Mr. President, I ask deemed ‘‘natural born subjects.’’ See, e.g., 1 LAURENCE H. TRIBE. unanimous consent that when the Sen- William Blackstone, Commentaries on the THEODORE B. OLSON. ate completes its business today, it Laws of England 354 (Legal Classics Library Mr. BROWN. Mr. President, I ask stand adjourned until 9:30 a.m. tomor- 1983) (1765) (‘‘Natural-born subjects are such unanimous consent the resolution be row, Thursday, May 1; that following as are born within the dominions of the agreed to, the preamble be agreed to, the prayer and pledge, the Journal of crown of England, that is, within the the motions to reconsider be laid upon proceedings be approved to date, the ligeance, or as it is generally called, the alle- the table, with no intervening action giance of the king.* * * ’’). morning hour be deemed expired, the There is substantial legal support for the or debate, and any statements be print- time for the two leaders be reserved for proposition that the Panama Canal Zone was ed in the RECORD. their use later in the day, there then be indeed sovereign U.S. territory when Senator The PRESIDING OFFICER. Without a period of morning business for up to McCain was born there in 1936. The U.S. Su- objection, it is so ordered. 1 hour with Senators permitted to preme Court has explained that, ‘‘[f]rom 1904 The resolution (S. 511) was agreed to. speak for up to 10 minutes each, with to 1979, the United States exercised sov- The preamble was agreed to. the Republicans controlling the first ereignty over the Panama Canal and the sur- The resolution, with its preamble, is half and the majority controlling the rounding 10-mile-wide Panama Canal Zone.’’ as follows: 0’Connor v. United States, 479 U.S. 27, 28 (1986). second half; and following morning S. RES. 511 Congress and the executive branch similarly business, the Senate resume consider- suggested that the Canal Zone was subject to Whereas the Constitution of the United ation of H.R. 2881, the FAA reauthor- the sovereignty of the United States. See, States requires that, to be eligible for the Of- ization bill. e.g., The President—Government of the fice of the President, a person must be a ‘‘natural born Citizen’’ of the United States; The PRESIDING OFFICER. Without Canal Zone, 26 Op. Att’y Gen. 113, 116 (1907) objection, it is so ordered. (recognizing that the 1904 treaty between the Whereas the term ‘‘natural born Citizen’’, United States and Panama ‘‘imposed upon as that term appears in Article II, Section 1, f the United States the obligations as well as is not defined in the Constitution of the the powers of a sovereign within the [Canal United States; ORDER FOR ADJOURNMENT Zone]’’); Panama Canal Act of 1912, Pub. L. Whereas there is no evidence of the inten- Mr. BROWN. If there is no further No. 62–337, § 1, 37 Stat. 560, 560 (recognizing tion of the Framers or any Congress to limit business to come before the Senate, I that ‘‘the use, occupancy, or control’’ of the the constitutional rights of children born to Americans serving in the military nor to ask unanimous consent it stand ad- Canal Zone had been ‘‘granted to the United journed under the previous order, fol- States by the treaty between the United prevent those children from serving as their States and the Republic of Panama’’). Thus, country’s President; lowing the remarks of the majority although Senator McCain was not born with- Whereas such limitations would be incon- leader. in a State, there is a significant body of legal sistent with the purpose and intent of the The PRESIDING OFFICER. Without authority indicating that he was neverthe- ‘‘natural born Citizen’’ clause of the Con- objection, it is so ordered. less born within the sovereign territory of stitution of the United States, as evidenced Mr. BROWN. I suggest the absence of the United States. by the First Congress’s own statute defining a quorum. Historical practice confirms that birth on the term ‘‘natural born Citizen’’; soil that is under the sovereignty of the Whereas the well-being of all citizens of The PRESIDING OFFICER. The United States, but not within a State, satis- the United States is preserved and enhanced clerk will call the roll. fies the Natural Born Citizen Clause. For ex- by the men and women who are assigned to The legislative clerk proceeded to ample, Vice President Charles Curtis was serve our country outside of our national call the roll. born in the territory of Kansas on January borders; Mr. REID. Mr. President, I ask unan- 25, 1860—one year before Kansas became a Whereas previous presidential candidates imous consent that the order for the State. Because the Twelfth Amendment re- were born outside of the United States of quorum call be rescinded. quires that Vice Presidents possess the same America and were understood to be eligible The PRESIDING OFFICER. Without qualifications as Presidents, the service of to be President; and Vice President Curtis verifies that the Whereas John Sidney McCain, III, was born objection, it is so ordered. phrase ‘‘natural born Citizen’’ includes birth to American citizens on an American mili- f outside of any State but within U.S. terri- tary base in the Panama Canal Zone in 1936: tory. Similarly, Senator Barry Goldwater Now, therefore, be it FAA REAUTHORIZATION was born in Arizona before its statehood, yet Resolved, That John Sidney McCain, III, is Mr. REID. Mr. President, as we close attained the Republican Party’s presidential a ‘‘natural born Citizen’’ under Article II, tonight, I want everyone within the nomination in 1964. And Senator Barack Section 1, of the Constitution of the United States. sound of my voice to understand this: Obama was born in Hawaii on August 4, We are working on a very important 1961—not long after its admission to the f Union on August 21, 1959. We find it incon- piece of legislation, the reauthoriza- ceivable that Senator Obama would have ORDER FOR AUTHORITY TO SIGN tion of the Federal Aviation Adminis- been ineligible for the Presidency had he ENROLLED BILLS AND JOINT tration—the agency responsible for been born two years earlier. RESOLUTIONS making sure aircraft is safe and reli- Senator McCain’s candidacy for the Presi- Mr. BROWN. Mr. President, I ask able. dency is consistent not only with the accept- unanimous consent that during the ad- Right now, we have an antiquated ed meaning of ‘‘natural born Citizen,’’ but system. This legislation will do what also with the Framers’ intentions when journment of the Senate, the majority adopting that language. The Natural Born leader be authorized to sign duly en- has been needed for a long time to Citizen Clause was added to the Constitution rolled bills or joint resolutions. change the way we do aviation in this shortly after John Jay sent a letter to The PRESIDING OFFICER. Without country. All the experts say it is long George Washington expressing concern about objection, it is so ordered. past due. We have had hard work for a

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