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If hope you figure out who it was; I want to know. |
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"No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;" Some relevant wiki text: Quote:
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The "conversation" or "question" was raised, for a very short period of time. And never answered. In fact, the only way that it could have been was if Sen John McCain was election and sworn in. At that point any party with standing would have filed suit and it would have ended up at the USSC. Note:The GOP never filed a suit after Obama sworn in. On John McCain: http://www.politifact.com/truth-o-meter/article/2008/may/12/born-usa/ http://www.factcheck.org/askfactcheck/how_can_panamanian-born_mccain_be_elected_president.html http://www.snopes.com/politics/mccain/citizen.asp http://www.michiganlawreview.org/first-impressions/volume/107 http://www.nytimes.com/2008/02/28/us/politics/28mccain.html http://genealogy.about.com/b/2008/08/30/john-mccains-citizenship-status.htm http://www.theatlantic.com/politics/archive/2011/04/trumps-birther-libel-and-american-history/237217/ This could be the real issue down the road for anyone else running for office who is a military brat. And an issue only the USSC can rule on. And rule on only after the election and swearing in. |
It's pretty much as settled as it will be without a court case. Congress stated he was a natural born citizen, he meets the criteria in multiple ways, he could even have had natural born citizenship retroactively granted by the laws granting children in Panema specifically citizenship.
But I don't think it's obvious that anyone born now outside of the borders would be immediate ineligible even with only one American parent under current laws. |
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FYI, I don't know that the GOP would have had standing to sue. Many courts have said individuals do not have standing to sue, and many legal scholars question whether the issue is justiciable in the courts at all. I believe there is a statutory procedure by which a challenge can be made (before the inauguration) in Congress as part of the receipt of results from the electoral college. As for the answer, I would have been amazed and astounded if SCOTUS or anyone else with say-so had said McCain wasn't a natural-born citizen. |
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Congress passed a non-binding agreement, not a bill. Anything else involving his background will have to wait until someone else with simular situation runs for President. Humm--One just about has to start to wonder if Palin knew about this at the time and....VBEG |
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You may wish to review the links I posted above. Over the past few years I have taken the time to not only read up on those but to also talk to those far smarter, far more involved in those matters than I. From what I have put together, it is my very humble opinion that Sen. John McCain is not a natural born citizen. However, as I have pointed out, that is not my call nor decision. And, as he lost the election, we we never know the hows and whys of a decision by the USSC. |
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According to the United States naturalization and immigration laws McCain is a natural born citizen. I'm no SCOTUS but natural born citizen = birthright citizenship, so if you're BORN a U.S. citizen (shouldn't matter where) you should be eligible to become president. Unless you're making a case that people not born in the 50 states aren't considered natural born, which would make the residents of PR, Guam, U.S. Virgin Islands and N Mariana Islands illegitimate citizens. |
I figured early on that if there were any legs on the Obama birth issue Hillary Clinton would have been on it like white on rice during the primaries.
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I know we had a discussion about this back in 2008, but I can't find it now. |
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The PCZ was a U.S. Territory at the time of McCain's birth, I could see the controversy if he was born on foreign soil but since he wasn't... Pursuant to 8 USCS § 1401, the following persons can acquire citizenship by jus soli: -A person born in the U.S., and subject to its jurisdiction. -A person born in the U.S. as a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe. -A person of unknown parentage found in the U.S. while under the age of five year. The person can remain a U.S. citizen if it is not shown before s/he attains twenty five years that the person was not born in the U.S. -A person born in an outlying possession of the U.S. (i.e., including Puerto Rico, the Panama Canal Zone, Panama, the Virgin Islands and Guam.) of parents, one of whom is a citizen of the U.S. who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person. Not trying to be difficult here, I just don't understand why he wouldn't be eligible for the office of the presidency. |
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