Nashville, Tennessee — A Republican lawmaker in Tennessee has introduced legislation that would bar some U.S. citizens from running for federal office, a proposal that legal experts say is likely to face constitutional challenges.
House Bill 2036, sponsored by state Rep. Johnny Garrett of Goodlettsville and backed in the Senate by Sen. Brent Taylor of Shelby County, would prohibit candidates for the U.S. House and Senate from holding dual citizenship or from running unless they are natural-born citizens. The bill defines natural-born citizens as those born in the United States or born abroad to U.S. citizen parents. Garrett, who is also running for Congress in Tennessee’s 6th District, said the measure is intended to create a uniform eligibility standard and strengthen public confidence in federal leadership.
Current constitutional requirements set minimum ages and citizenship durations for House and Senate candidates but do not require members of Congress to be natural-born citizens. Several constitutional scholars, including Vanderbilt University professor John Geer and Middle Tennessee State University professor John Vile, said the Supreme Court has repeatedly ruled that states cannot add qualifications for federal office beyond those outlined in the Constitution.
Nashville attorney Daniel Horwitz echoed that view, citing Supreme Court precedent establishing that qualifications for Congress are exclusive and cannot be altered by states. Garrett countered that states may regulate qualifications for party-affiliated candidates in primary elections, though the bill itself does not explicitly address primaries.
Democratic lawmakers criticized the proposal as unconstitutional and politically motivated, arguing it diverts attention from pressing state issues.
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