REFERENCE TITLE: Article V; natural born citizen

State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016

HCR 2029

Introduced by Representatives Townsend, Thorpe: Barton, Campbell, Cobb, Finchem

 

A CONCURRENT RESOLUTION

 

applying to the congress of the united states to call a convention for proposing amendments to the constitution of the united states.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, Article II, section 1, clause 5 of the  Constitution of the United States, provides in part that "[n]o 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;" and

Whereas, the Twelfth Amendment to the Constitution of the United States further provides that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States;" and

Whereas, the Heritage Foundation states that during the Constitutional Convention, John Jay wrote to George Washington, urging "a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." Justice Story later noted that the natural born citizenship requirement "cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office;" and

Whereas, the Constitution of the United States does not define the term "natural born citizen," which has, in turn, created ongoing debate and differing opinions regarding the precise meaning of this bedrock constitutional principle.

Therefore

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  That, pursuant to Article V of the Constitution of the United States, the Legislature of the State of Arizona formally applies to the Congress of the United States to call a convention of the states limited to proposing amendments to the Constitution of the United States that define the term "natural born citizen."

2.  That this application constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made application on the same subjects.

3.  That this application is revoked, withdrawn, nullified and superseded, retroactive to the date of enactment, if the application is used for the purpose of calling a convention or is used in support of conducting a convention to amend the Constitution of the United States for any purpose other than to define the term "natural born citizen."

4.  That the Secretary of State of the State of Arizona transmit a copy of this Resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the United States House of Representatives, each Member of Congress from the State of Arizona and the presiding officers of each house of the several state legislatures, requesting their cooperation.