Path 1 · The real one · Article V
A constitutional amendment
The Constitution has been amended 27 times. Opening the presidency to long-time naturalized citizens would be the 28th. Article V gives two ways to propose it and two ways to ratify it:
- Proposal by Congress: a joint resolution passed by two-thirds of the House and two-thirds of the Senate. It does not go to the President for signature. Every one of the 27 amendments began this way.
- Or proposal by convention: two-thirds of state legislatures (34 of 50) apply to Congress to call a convention for proposing amendments. This route has never been used.
- Ratification by three-fourths of the states — 38 of 50 — through their legislatures or through state ratifying conventions, whichever Congress specifies. Only the 21st Amendment was ratified by conventions.
- Time limit: since the 18th Amendment, Congress has usually set a seven-year ratification deadline, in the text or the resolving clause. Without one, ratification can take as long as it takes — the 27th was proposed in 1789 and ratified in 1992.
It’s been proposed before. On July 10, 2003, Sen. Orrin Hatch introduced the Equal Opportunity to Govern Amendment (S.J.Res.15), making anyone who has been a citizen for 20 years eligible; the Senate Judiciary Committee held a hearing on the idea in October 2004, but it never received a vote. By 2028, Musk will have been a citizen for 26 years. The fastest ratification in history, the 26th Amendment, took 100 days after Congress passed it in 1971.