Amendment would bar naturalized citizens from federal judgeships
H.J.Res. 204 — Proposing an amendment to the Constitution of the United States to require that certain individuals are natural born citizens. · Filed by Clay Fuller (R-GA) · Introduced Jul 21, 2026 · Referred to committee
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What it does
This joint resolution proposes a constitutional amendment requiring all federal judges—including Supreme Court justices—to be natural-born citizens. Currently, the Constitution requires only the President to be a natural-born citizen; judges face no such restriction. If ratified by three-fourths of state legislatures within seven years, this amendment would bar naturalized citizens from serving on any federal court.
Why we flagged it
This is a straightforward constitutional amendment proposal with no hidden mechanisms or riders. It states plainly what it does: propose a new eligibility requirement for federal judges. The mechanism is transparent and the scope is narrow.
What the text implies
- Naturalized citizens—including military veterans, immigrants who have lived in the U.S. for decades, and individuals who passed rigorous citizenship exams—would be permanently barred from federal judicial service, regardless of qualifications or experience.
- The amendment's six-month implementation window after ratification creates a transition period during which sitting naturalized-citizen judges would remain in office, but no new naturalized citizens could be appointed.
The full analysis lists 3 implications of this text.
Who it affects
The amendment restricts access to federal judicial office based on citizenship status, excluding naturalized citizens from a position of power and potentially narrowing the bench's diversity of background and perspective. However, citizens retain the right to elect representatives who ratify or reject the amendment through their state legislatures, preserving democratic process.