TESTIMONY OF

BALINT VAZSONYI, PH.D.

DIRECTOR

CENTER FOR THE AMERICAN FOUNDING

BEFORE THE

U.S. HOUSE OF REPRESENTATIVES

COMMITTEE ON THE JUDICIARY

SUBCOMMITTEE ON THE CONSTITUTION

ON

JULY 24, 2000

1401 Chain Bridge Road

Suite 100

McLean, Virginia, 22101

703-556-6595

Mr. Chairman:

The question before you is whether the Constitution of the United States of America shall be amended as follows: "A person who is a citizen of the United States, who has been for twenty years a citizen of the United States, and who is otherwise eligible for the Office of President, is not ineligible to that office by reason of not being a native born citizen of the United States."

I.

I shall take the liberty of commenting on the matter of constitutional amendments in general.

The Founding of the United States of America was one of those remarkable events of history for which no explanation is entirely sufficient. By this, I refer to the emergence and convergence of exceptional men and extraordinary ideas that, together, created a living memorial to goodwill, prudence, and wisdom; it is called, simply, America.

At the heart of this singular occurrence, we behold the Constitution of the United States. Agreed to as a result of the most thoughtful deliberations, and consideration of the human condition as far as the eye can see, the creativity evidenced in the system of government provided therein is matched by the document's conciseness.

The opportunity to introduce change through the orderly amendment process has contributed significantly to the advantage America enjoys over most other nations: the peaceful transition of power. Precisely because of the enhanced liberty it guarantees to future generations, it needs to be applied with great economy and circumspection at the best of times. At the time of these hearings, Americans do not appear to be in agreement about the nature of the Republic. In other words, Benjamin Franklin's admonition about "hanging together" has fallen out of favor.

For all these reasons, I respectfully submit that the times may not be conducive for a constitutional amendment of any kind.

II.

"...it will require other talents and a different kind of merit to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of president of the United States" -- thus writes Alexander Hamilton in Federalist No.68. Indeed, the "chief magistrate" who is also Commander-in-Chief has to grow from the soil.

I came to this Country in 1959, and became a citizen in 1964. During my formative years in Hungary, I read as much American literature as American students might have in the high schools of yore. In my second year of residence, I married a native-born American, and henceforth spoke English exclusively in my home. Before and after taking the oath of citizenship, I have made continuous and extensive efforts to become American, not only in the administrative sense of the word. In the course of my life, spent mostly as a performing artist and academic, I had the opportunity to start a small corporation and run for elective office -- both of which are indispensable for the comprehension of America.

My interest in, and commitment to, the principles upon which this Nation was founded prompted me to establish a small Think Tank -- called Center for the American Founding -- that connects today's issues with those principles. I write a regular column, and have published a book about American political philosophy. My fellow Americans honor me frequently in word and deed very much as one of their own.

Yet, Mr. Chairman, I wish to state unequivocally that, despite all of the above, I would not consider myself eligible to the office of president of the United States.

The people of this land are possessed of a unique brand of tolerance, a balanced temperament, and a natural goodwill toward the world. While such persons may be found everywhere, they constitute an overwhelming majority among Americans. One of the inexplicable miracles of America is the transformation that occurs within one generation, no matter how different the customs and mores of the new arrivals.

But it does require a generation.

One might point to "frivolous" differences, such as foreign and indigenous sports. We hear a great deal about Soccer Moms, but soccer is still alien to Americans, whereas the debate as to whether baseball or football is America's true national sport remains a debate immigrants are more likely to watch than to join. However, there is a far more serious matter to consider.

Article II of the U.S. Constitution requires the President to "take Care that the Laws be faithfully executed." Mr. Chairman, it is an incontrovertible fact that the inhabitants of most countries are not only unfamiliar with what we call the Rule of Law, but find the concept virtually incomprehensible. Again, it is a miracle that so many immigrants are able to operate within the American system of laws, contracts, and agreements on a handshake. On the other hand, to expect that someone who did not grow up with any of that could be the guardian of our legal system is unrealistic.

In addition, liberty is not simply a blessing guaranteed by the Constitution, but an inner state of being, again separating Americans from most others. An overwhelming majority of immigrants arrive on these shores looking, as they had always done, to government as a source of benefits, and an authority to obey.

III.

` The reasoning in the previous sections would have been similar in times past. It is considerably more urgent today. The expectation that immigrants adopt American standards with the same enthusiasm as Americans offer to adopt them has been displaced by the proliferation of the hyphen. Equally of concern is the new appetite for, and silent acceptance of, dual citizenship. It would be naive at best to believe that neither has any bearing on what used to be unconditional loyalty and commitment to America.

It is well known that the Founding Fathers were mindful in the extreme of foreign influences, and the dangers therefrom to the Republic. While experience has shown that a native-born Chief Executive is not necessarily immune to foreign influence, the odds are certainly more favorable if the president is an American plain and simple, who has never been, and is not at the time of taking office, anything else.

Those who favor the proposed amendment will no doubt point to exceptional persons of their acquaintance who, in their view, would fulfill any and all expectations with regard to the office of president, though being of foreign birth. Yet the laws of this country never have been written with the exceptions in mind. Among other things, the Framers of the Constitution distinguished themselves by writing few laws, and employing language at once broad and concise, so as to be applicable to all circumstances at all times.

In considering your Subcommittee's position, I implore you, Mr. Chairman, to weigh the consequences of the proposed amendment under circumstances least favorable for the future of the United States of America and reject House Joint Resolution 88.