Quote:
Originally Posted by MysticCat
I'm aware of that, at least as far as the McCain question goes, although others in this thread have raised more general question about the citizenship of military kids born overseas. So in reality, we're talking about more than the definition of a natural born citizen within the meaning of Article II.
As I said, I stay as far away from immigration law as I can. I'll admit haven't done much searching, but I'm not aware of much that talks about what "natural born citizen" means in the Article II context. It seems to me, however, that the State Dept's interpretation of what this portion of the XIV Amendment -- "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States . . . ." might be relevant to any discussion on the meaning of "natural born citizen" in Article II, section 5.
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It might not be. Remember that the Vth amendment's and the XIVth amendment's due process clauses have been given different interpretations although they say essentially the same thing.
I'm pretty sure the issue would be one of first impression for which the Court would have little guidance. Too bad we have to wait until McCain is elected and the Democratic party sues to find out.
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