Article 2 of the Constitution sets up the executive branch. In section 1 it specifically says “No person except a natural born citizen, or a citizen of the United States, at the same time of the adoption of this constitution, shall be illegible to the office of president…” This basically means that any person born in any country other than United States cannot run for president.
However, there is no comment in article 1 for a Congressman to be born in the United States. Thus, we do currently have members of Congress that are not born in the United States. An example is Ted Cruz who was born in Canada. Why is this the case? The only qualifications necessary to run for House of representatives is to be the age of 25, reside in the state in which you represent and live in the US for at least seven years. Likewise, the only qualifications to run for Senate are to be at least the age of 30, live in the State you represent and live in the US for 9 years. Finally, the qualifications to be the president of the United States are to be the age of at least 35, live in United States for 14 years, and be born in the United States.
So, why do presidents have to be born in the United States? We know that the men who wrote the constitution specifically did not want one man that was too powerful and at the time the constitution was ratified, the president was not very powerful at all. But this has nothing to do with national origin. The discrimination of people based on national origin when hiring someone for a job is made illegal because of the Civil Rights Act of 1964 (Title 7). So why is it not illegal to discriminate against national origin when it comes to running for president? The presidency is a job. The president is hired by the American people. It is the American people’s job not to discriminate against national origin and vote for who they want as their president or who they feel is the most qualified. The American people cannot do their duty of following the law by not discriminating against national origin when their duty is illegal. This is why a 28th amendment to the constitution is necessary. It must slightly change Article 2 Section 1 of the Constitution by stating that the qualifications needed to run and potentially win a presidential election are to be at least 35 years old, and live in the United States (legally) for at least 14 years and that is it.
The next Abraham Lincoln, the next George Washington, the next Franklin Delano Roosevelt, the next Dwight D. Eisenhower, the next John F. Kennedy could be living among us in this day and age or he or she could be a member of a future generation but are discriminated against because of a slowly aging piece of paper that restricts their ability to participate in a Presidential Election. These people who potentially have the potential of helping to change America into a better and greater country are forced to work outside of government or in smaller positions in government such as as Representatives or Senators.