Introduction
Jan. 14, 2016, during a Republican Presidential Primary debate in Charleston, SC, Donald Trump discussed the danger were someone without the requisite qualifications to be President were nevertheless nominated. He warned that the Democrats were poised to bring a suit against any Republican who was not a natural born citizen. This kind of danger and the ensuing chaos can be avoided in 2020 and years to come by passing a bill to require all candidates seeking ballot access in South Carolina, to be fully, constitutionally eligible for the Presidency. This means, per Article II, section 1, clause 5, of the Constitution, that they be natural born citizens, at least 35 years of age and 14 years a resident of the United States.
Natural Born Citizens are persons, born to two citizen parents, on U.S. soil (or whose parents are abroad and at least one of whom is in service to the nation). This qualification guards against the possibility of divided loyalties and is a qualification confined to the office of President, the only office whose occupant has to take an oath to “preserve, protect and defend” our Constitution. The 14th Amendment has been interpreted to allow those born in the U.S. to be considered citizens; but that interpretation does not amend Article II, section 1, clause 5.
The Founders understood the dangers our new republic faced from nations that would undermine her if they could. In Federalist #68, Hamilton says this kind of precaution helps prevent foreign governments from making "a creature of their own" president of the U.S.
Ignoring Hamilton and the rest of the Founders, a few members of Congress introduced ten Amendments in Congress during the early years of this century, for the purpose of changing the qualifications to be president; none of these amendments gained traction. Changing the Constitution was abandoned in favor of Orwellian efforts to redefine existing language. This proved much more successful and as a result, today, well-meaning people are confused as to what constitutes natural born citizenship.
The following Supreme Court cases define natural born citizenship:
Venus, 12 U.S. 8 Cranch 253 253 (1814); Shanks v DuPont, 28 U.S. 3 Pet. 242 242 (1830); Dred Scott v Sandford, 60 U.S. 393 (1857); Minor v Happersett, 88 U.S. 162 (1875) - the Court said Ms. Minor was a natural born citizen because she was born in this country to U.S. citizens – this is the binding precedent; United States v Wong Kim Ark, 169 U.S. 649 (1898); Perkins v. Elg, 307 U.S. 325 (1939); Schneider v. Rusk, 377 U.S. 163 (1964) – in all these cases the Court says there is no legal difference between naturalized citizens and natural born citizens except eligibility to be President.
The bill below is a response to this question: shall we allow our Constitution to be amended by a misunderstanding of the Constitution, or shall our state assume its role in the electoral process and determine the eligibility of all candidates for President before placing any candidate on our Presidential ballots?
In short, South Carolina should pass this bill to preserve the Constitution.
Amendments to the SC Code to Ensure Compliance with U.S. Constitutional Requirements to be President
- AS TO THE PRIMARY ELECTION
AN ACT to amend South Carolina Code, Section 7-11-20 (2014). Conduct of party conventions or party primary elections generally; presidential preference primaries.
SECTION 1. South Carolina Code, Section 7-11-20, is amended by adding the following language at the end of subsection (B)(4):
The authority charged by law with preparing the presidential preference primary ballot shall not place the name of any candidate for President or Vice President on the ballot, even if certified by a political party chairman, vice-chairman, or secretary to the State Election Commission as being qualified for the office for which the candidate has filed, unless the candidate has, pursuant to U.S. Constitution, art. II, § 1, cl. 5, attained or will attain to the age of 35 years, has been or will be 14 years a resident within the United States, and is a natural born citizen of the United States, defined by the Supreme Court as a person reputed to have been born in the United States to parents each of whom was a citizen of the United States or a natural born citizen of the United States at the time of the would-be candidate’s birth.
SECTION 2. This act takes effect upon approval by the Governor.
- AS TO THE GENERAL ELECTION
AN ACT to amend South Carolina Code, Section 7-13-350 (2015). Certification of candidates; verification of qualifications.
SECTION 1. South Carolina Code, Section 7-13-350(B), is amended by adding the following language at the end of subsection (B):
The authority charged by law with preparing the ballot shall not place the name of any candidate for President or Vice President on the general election ballot, even if certified by a political party chairman, vice-chairman, or secretary to the State Election Commission as being qualified for the office for which the candidate has filed, unless the candidate has, pursuant to U.S. Constitution, art. II, § 1, cl. 5, attained or will attain to the age of 35 years, has been or will be 14 years a resident within the United States, and is a natural born citizen of the United States, defined by the Supreme Court as a person reputed to have been born in the United States to parents each of whom was a citizen the United States or a natural born citizen of the United States at the time of the would-be candidate’s birth.
SC presidential electors are prohibited from casting their ballots for any candidate who is not qualified to be President of the United States as defined under this subsection (B).
SECTION 2. This act takes effect upon approval by the Governor.