PolicyBrief
H.J.RES. 188
119th CongressMay 20th 2026
Proposing an amendment to the Constitution of the United States to require that certain individuals are natural born citizens.
IN COMMITTEE

This proposed constitutional amendment mandates that only natural born citizens can hold specific federal offices, including Congress, federal judgeships, and certain executive positions.

Nancy Mace
R

Nancy Mace

Representative

SC-1

LEGISLATION

Proposed Amendment Restricts Federal Office to 'Natural Born Citizens', Excludes Naturalized Citizens

A new joint resolution is on the table, aiming to amend the U.S. Constitution. If it passes and gets ratified by three-fourths of the states within seven years, it would fundamentally change who can hold some of the most powerful positions in the country. We're talking about Representatives, Senators, Federal Judges (including the Supreme Court), Ambassadors, and other key federal officers whose appointments need Senate approval. The big catch? They’d all have to be “natural born citizens.”

Who's In, Who's Out?

Currently, the Constitution has different citizenship requirements for different offices. For example, to be a Representative, you need to have been a U.S. citizen for at least seven years. For a Senator, it’s nine years. The President, however, already has to be a natural born citizen. This proposed amendment would extend that more stringent “natural born” requirement to a much wider array of federal roles, kicking in for Representatives and Senators on January 3rd of the first odd-numbered year after ratification, and for judges and other executive officers six months after ratification.

The 'Natural Born' Question Mark

Here’s where it gets a bit murky: the amendment doesn't actually define what “natural born citizen” means. While the term has been debated for centuries, generally, it refers to someone who is a citizen from birth, either by being born in the U.S. or born abroad to U.S. citizen parents. But without a clear definition in the amendment itself, this vagueness could open the door to all sorts of legal challenges and interpretations. Imagine a situation where someone runs for office, wins, and then their eligibility is tied up in court because of an ambiguous phrase. It creates a lot of uncertainty for candidates and voters alike.

Real-World Ripple Effects

So, what does this mean for everyday folks? Well, if you’re a naturalized citizen—someone who came to the U.S. legally, went through the process, and proudly earned your citizenship—this amendment would effectively bar you from ever serving in these critical federal roles. Think of someone who immigrated as a child, grew up here, served in the military, built a business, and wants to give back through public service. Under this amendment, their path to becoming a Senator, a federal judge, or an ambassador would be blocked, simply because they weren't born into citizenship. This could significantly shrink the pool of talent and diverse perspectives available for these important positions, potentially limiting who can represent our communities and make decisions that affect all of us.