HJRES 188 — 119th Congress

Proposing an amendment to the Constitution of the United States to require that certain individuals are natural born citizens.

Introduced May 20, 2026 Open for voting
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Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Senate-Confirmed Officers

  • Population Scope High Section 4 covers all 'Officers of the United States' whose appointment requires Senate advice and consent — a sweeping category that encompasses Cabinet secretaries, ambassadors, federal agency heads, and thousands of other principal and inferior officers across the entire executive and diplomatic apparatus, affecting a far broader population than the judicial or legislative restrictions in the other sections.
  • Budgetary Magnitude Low Section 4 contains no appropriation, authorization of funds, or budgetary mechanism; like the other sections of this amendment, it is a purely eligibility-based constitutional restriction with no direct fiscal authorization or obligation.
  • Legal / Regulatory Depth High Section 4 permanently amends the Constitution to bar naturalized citizens from the entire universe of Senate-confirmed positions — including Ambassadors, public Ministers, Consuls, and all other Senate-confirmed Officers — creating a new substantive constitutional prohibition across the broadest category of federal offices, reversible only by a subsequent constitutional amendment.
  • Degree of Discretion Granted Low Section 4 uses absolute prohibitory language — 'No person who is not a natural born citizen may be an Ambassador, public Minister or Consul, or any other Officer of the United States if such position requires advice and consent' — leaving no discretionary authority to the President, the Senate, or any agency to grant exceptions or waivers for any position covered.
  • Implementation & Enforcement Burden Medium The provision's broad coverage of all Senate-confirmed positions would require vetting and potentially removing a large number of currently serving naturalized officers across the executive branch and diplomatic corps within the six-month window after ratification, without designating any enforcement mechanism, responsible agency, or process for determining compliance — creating a substantial administrative and legal burden.
  • Temporal Commitment High As a constitutional amendment with no sunset clause or review provision, Section 4 permanently binds all future Presidents and Senates in their appointment and confirmation of officers; the six-month effective date after ratification is a transition mechanism only, while the substantive prohibition has no end date.
No signal yet

Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Representatives

  • Population Scope Medium This provision directly affects naturalized U.S. citizens who currently serve in or seek election to the House or Senate — a population that includes sitting Members of Congress and future candidates, numbering in the thousands of potentially eligible individuals, but not the general public at large. The restriction targets a specific eligibility class rather than broadly regulating conduct of all citizens.
  • Budgetary Magnitude Low Sections 1 and 2 contain no appropriation, authorization of funds, or budgetary mechanism of any kind; the provisions are purely eligibility restrictions with no fiscal component, making any budgetary impact negligible or nonexistent.
  • Legal / Regulatory Depth High As a constitutional amendment, Sections 1 and 2 would permanently and irrevocably alter the eligibility requirements for Representatives and Senators, creating a new substantive prohibition — that no person who is not a natural born citizen may serve — that can only be undone by a subsequent constitutional amendment, the most durable form of legal change possible.
  • Degree of Discretion Granted Low Sections 1 and 2 use mandatory, absolute language — 'No person who is not a natural born citizen may be a Representative' and 'may be a Senator' — leaving no discretion to any government actor to grant exceptions, waivers, or case-by-case determinations.
  • Implementation & Enforcement Burden Low The provisions are self-executing constitutional eligibility rules that rely on existing mechanisms for qualifying congressional candidates and seating Members; no new enforcement agency, penalty regime, or compliance infrastructure is created by Sections 1 or 2.
  • Temporal Commitment High As a constitutional amendment with no sunset clause or mandatory review, Sections 1 and 2 bind all future Congresses in perpetuity; the phased effective dates (January 3 of the first odd-numbered year after ratification for Representatives, and term-end for sitting Senators) only govern transition, not the duration of the restriction itself.
No signal yet

Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Federal Judges

  • Population Scope Medium Section 3 directly affects naturalized citizens currently serving as or eligible for appointment to Article III judgeships — a population that includes all sitting federal judges and Supreme Court Justices who are naturalized, as well as future candidates for those roughly 870 authorized Article III seats. This is a discrete professional class, not the general public.
  • Budgetary Magnitude Low Section 3 contains no appropriation, authorization of funds, or budgetary mechanism; it is a constitutional eligibility restriction on judicial office with no fiscal component, though the potential forced removal of sitting judges could create indirect administrative costs not quantified or authorized here.
  • Legal / Regulatory Depth High Section 3 not only creates a permanent constitutional prohibition on naturalized citizens serving as federal judges, but explicitly overrides Article III's life-tenure ('good behavior') protections with the word 'Notwithstanding,' fundamentally restructuring the constitutional framework governing judicial tenure and eligibility in a way reversible only by another constitutional amendment.
  • Degree of Discretion Granted Low Section 3 uses absolute mandatory language — 'no person who is not a natural born citizen may be a Judge' — with no carve-outs, waivers, or delegated authority to any entity to grant exceptions, leaving zero discretion to Congress, the President, or the courts themselves.
  • Implementation & Enforcement Burden Medium The provision's explicit override of Article III tenure protections creates a significant enforcement challenge: determining which sitting judges must be removed within the six-month window after ratification, and the legal mechanisms for effectuating involuntary removal of life-tenured judges, would require substantial judicial and congressional action without any designated enforcement authority or process provided in the text.
  • Temporal Commitment High As a constitutional amendment with no expiration date or sunset clause, Section 3 permanently binds all future appointments to the federal judiciary; the six-month effective date after ratification governs only the transition period, while the underlying prohibition on naturalized citizens serving as judges has no temporal limit.
No signal yet
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Summary

This joint resolution proposes a constitutional amendment that would restrict membership in the U.S. House of Representatives, the U.S. Senate, the federal judiciary, and Senate-confirmed executive and diplomatic positions to natural born citizens only. Currently, the Constitution's natural born citizen requirement applies only to the President and Vice President, while citizenship (not natural born status) is required for Members of Congress. The amendment sets phased effective dates for each category of office and would require ratification by three-fourths of state legislatures within seven years.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
May 20, 2026
May 20, 2026 No votes yet

Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Senate-Confirmed Officers

  • Population Scope High Section 4 covers all 'Officers of the United States' whose appointment requires Senate advice and consent — a sweeping category that encompasses Cabinet secretaries, ambassadors, federal agency heads, and thousands of other principal and inferior officers across the entire executive and diplomatic apparatus, affecting a far broader population than the judicial or legislative restrictions in the other sections.
  • Budgetary Magnitude Low Section 4 contains no appropriation, authorization of funds, or budgetary mechanism; like the other sections of this amendment, it is a purely eligibility-based constitutional restriction with no direct fiscal authorization or obligation.
  • Legal / Regulatory Depth High Section 4 permanently amends the Constitution to bar naturalized citizens from the entire universe of Senate-confirmed positions — including Ambassadors, public Ministers, Consuls, and all other Senate-confirmed Officers — creating a new substantive constitutional prohibition across the broadest category of federal offices, reversible only by a subsequent constitutional amendment.
  • Degree of Discretion Granted Low Section 4 uses absolute prohibitory language — 'No person who is not a natural born citizen may be an Ambassador, public Minister or Consul, or any other Officer of the United States if such position requires advice and consent' — leaving no discretionary authority to the President, the Senate, or any agency to grant exceptions or waivers for any position covered.
  • Implementation & Enforcement Burden Medium The provision's broad coverage of all Senate-confirmed positions would require vetting and potentially removing a large number of currently serving naturalized officers across the executive branch and diplomatic corps within the six-month window after ratification, without designating any enforcement mechanism, responsible agency, or process for determining compliance — creating a substantial administrative and legal burden.
  • Temporal Commitment High As a constitutional amendment with no sunset clause or review provision, Section 4 permanently binds all future Presidents and Senates in their appointment and confirmation of officers; the six-month effective date after ratification is a transition mechanism only, while the substantive prohibition has no end date.
No signal yet

Core Policy Mechanism

Natural Born Citizen Requirement for Senate-Confirmed Officers

Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Representatives

  • Population Scope Medium This provision directly affects naturalized U.S. citizens who currently serve in or seek election to the House or Senate — a population that includes sitting Members of Congress and future candidates, numbering in the thousands of potentially eligible individuals, but not the general public at large. The restriction targets a specific eligibility class rather than broadly regulating conduct of all citizens.
  • Budgetary Magnitude Low Sections 1 and 2 contain no appropriation, authorization of funds, or budgetary mechanism of any kind; the provisions are purely eligibility restrictions with no fiscal component, making any budgetary impact negligible or nonexistent.
  • Legal / Regulatory Depth High As a constitutional amendment, Sections 1 and 2 would permanently and irrevocably alter the eligibility requirements for Representatives and Senators, creating a new substantive prohibition — that no person who is not a natural born citizen may serve — that can only be undone by a subsequent constitutional amendment, the most durable form of legal change possible.
  • Degree of Discretion Granted Low Sections 1 and 2 use mandatory, absolute language — 'No person who is not a natural born citizen may be a Representative' and 'may be a Senator' — leaving no discretion to any government actor to grant exceptions, waivers, or case-by-case determinations.
  • Implementation & Enforcement Burden Low The provisions are self-executing constitutional eligibility rules that rely on existing mechanisms for qualifying congressional candidates and seating Members; no new enforcement agency, penalty regime, or compliance infrastructure is created by Sections 1 or 2.
  • Temporal Commitment High As a constitutional amendment with no sunset clause or mandatory review, Sections 1 and 2 bind all future Congresses in perpetuity; the phased effective dates (January 3 of the first odd-numbered year after ratification for Representatives, and term-end for sitting Senators) only govern transition, not the duration of the restriction itself.
No signal yet

Core Policy Mechanism

Natural Born Citizen Requirement for Representatives

Core Policy Mechanism Top 3

Natural Born Citizen Requirement for Federal Judges

  • Population Scope Medium Section 3 directly affects naturalized citizens currently serving as or eligible for appointment to Article III judgeships — a population that includes all sitting federal judges and Supreme Court Justices who are naturalized, as well as future candidates for those roughly 870 authorized Article III seats. This is a discrete professional class, not the general public.
  • Budgetary Magnitude Low Section 3 contains no appropriation, authorization of funds, or budgetary mechanism; it is a constitutional eligibility restriction on judicial office with no fiscal component, though the potential forced removal of sitting judges could create indirect administrative costs not quantified or authorized here.
  • Legal / Regulatory Depth High Section 3 not only creates a permanent constitutional prohibition on naturalized citizens serving as federal judges, but explicitly overrides Article III's life-tenure ('good behavior') protections with the word 'Notwithstanding,' fundamentally restructuring the constitutional framework governing judicial tenure and eligibility in a way reversible only by another constitutional amendment.
  • Degree of Discretion Granted Low Section 3 uses absolute mandatory language — 'no person who is not a natural born citizen may be a Judge' — with no carve-outs, waivers, or delegated authority to any entity to grant exceptions, leaving zero discretion to Congress, the President, or the courts themselves.
  • Implementation & Enforcement Burden Medium The provision's explicit override of Article III tenure protections creates a significant enforcement challenge: determining which sitting judges must be removed within the six-month window after ratification, and the legal mechanisms for effectuating involuntary removal of life-tenured judges, would require substantial judicial and congressional action without any designated enforcement authority or process provided in the text.
  • Temporal Commitment High As a constitutional amendment with no expiration date or sunset clause, Section 3 permanently binds all future appointments to the federal judiciary; the six-month effective date after ratification governs only the transition period, while the underlying prohibition on naturalized citizens serving as judges has no temporal limit.
No signal yet

Core Policy Mechanism

Natural Born Citizen Requirement for Federal Judges