Rep. Baker should read more about how Founders felt about naturalized citizens | Opinion

Kentucky State Rep. Shane Baker, R-Somerset, recently introduced a bill to require that elected officials be “natural-born citizens.” Baker said, “Our founders believed it necessary for our president to be a natural born citizen of this nation, and now we see the necessity for this to extend to other elected offices. … We must ensure that our elected officials are loyal to the United States of America, its constitution, and the Americans they represent.”

Baker is referring to Article II of the Constitution, which requires the president be a “natural born citizen.” But he’s also suggesting that the “Founders” support his views. While they did require the President be “natural-born,” the Framers debated and rejected proposals to apply this to other elected officials.

In early August 1787, the Framers began debating, clause by clause, a draft constitution. On Aug. 8, they addressed the requirements that Representatives be at least twenty-five and a citizen for three years. George Mason said he “was for opening a wide door for immigrants,” but felt “three years was not enough for ensuring that local knowledge which ought to be possessed by the Representative.” He proposed seven years, which was debated and approved.

The next day, the Framers debated the requirement that a Senator must be at least thirty, and a citizen for at least four years. Gouverneur Morris said there is a “danger of admitting strangers into our public Councils,” and suggested setting the requirement at 14 years of citizenship. Note that despite his concerns, Morris didn’t suggest requiring them to be natural born. Oliver Elsworth opposed the idea “as discouraging meritorious aliens from emigrating to this Country.” Charles Pinckney noted that the Senate made treaties and managed foreign affairs so it would be particularly dangerous to have a Senator with “foreign attachments.” George Mason replied that many foreigners had “acquired great merit during the revolution,” and should not be prevented from becoming senators.

James Madison said he didn’t oppose some restrictions, but opposed a complete ban on the foreign born as it would “give a tincture of illiberality to the Constitution.” He said that Congress set requirement for citizens, and that a person would have to attain a level of “merit” to be considered for Senate — at the time Senators were appointed by state Legislatures — which would eliminate unworthy or unqualified candidates. Pierce Butler was decidedly opposed to the admission of foreigners without a long residence in the Country. “They bring with them, not only attachments to other Countries; but ideas of Government so distinct from ours that in every point of view they are dangerous.”

Ben Franklin didn’t oppose a reasonable citizenship requirement, but opposed a native-born requirement. He noted that during the Revolution “many strangers served us faithfully,” while “many natives took part against their country.” He also said that when someone choses to leave their home country, the very fact that they “give a preference to ours it is a proof of attachment which ought to excite our confidence and affection.” James Wilson noted that he was foreign born and would, under a 14-year restriction, be barred from serving as a Senator in the nation that he had done so much to help create.

Morris’s 14-year citizenship requirement was then put to a vote and broadly rejected. Other periods of citizenship were debated until the current 9-year requirement was agreed upon.

Conservatives like to claim their belief in the Constitution, and reverence for the men who wrote it. It’s a way to suggest that their views are more in line with the Founders, and to imply that they are more authentically American than other politicians (meaning liberals). But they are often wrong. The Founders debated, and rejected, the idea of requiring elected officials be “natural-born citizens.” This nation’s Founders favored immigration and wanted to support and encourage it. Today it’s conservatives who want to reject the Founder’s beliefs.

Michael Coblenz is an attorney in Lexington. He can be reached at mike@ coblenzlaw.com.