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As to where McCain was born, I’ll give some hints. It’s wasn’t a state or a protectorate or a U.S. territory. But it WAS A U.S. controlled (COUNTRY HERE) territory.
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 — The Constitution of the United States, Article II Section 1
quote:
Yet according to the Naturalization Law of 1790 that sought to define the term: “And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens.”
See also: Weedin v. Chin Bow 274 U.S. 657 (1927): “A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child’s birth.” So in other words, had McCain stayed in Panama after being born there to US citizens, he still would have been a citizen but any progeny he may have sired while there (if he didn’t come live in the US before then) would not have been citizens. But since his parents HAD lived here, he’s good to go. Source
This is my understanding too but, if you have more data that refutes that, I would like to read it.
Jan
I just think it’s a great political issue. (hehe) And we already know the “McPanimanian Candidate” doesn’t really have much as far as principles to stand on. And this one is brand new for a lot of people just to add insult to injury. (including me) And people need to realize that this whole elitist insider b.s. has gotten so over the top that it’s suicide for conservatism. With these “silver spoon” Republicans, it’s unbelievable how they just sit around in DC and wonder what they did to deserve the backlash. Bush and McCain are classic examples of how “priveledge” don’t equate to the “best and the brightest”. But back to the question, generally my understanding is there’s a higher set of standards for the POTUS than for ordinary citizenship.
Jan
On a strict Constitutional basis(”legally” is another matter) as I understand it laws which come after the Constitution can’t supersede the Constitution. (This is the purpose of the Constitution) What was the original intent (definition of “Natural born” before they felt the need to pass this law?)
I don’t think any Supreme Court would ever rule he isn’t a “natural born” citizen. And again, who is going to raise the issue? The only people with enough money, aren’t going to.
The Precedent in Weedin vs. Chin Bow, will be used. It is the wording they used that implies a child born to U.S. citizens who had lived in the U.S. for some period of time, is a “natural born citizen.”
I don’t see any way a Court will reverse the implication of that ruling.
Article II Section 1 refers to the POTUS not Weeden or Bow or Chow or whoever. Jan, I’m disappointed that you swerve into “political reality” so easily.
You don’t believe that his run is Constitutional? What is your basis in precedent?
You need something to base case on and I don’t see one that an attorney is going to take and try to use.
quote:
Three major candidates have sought the Presidency who were born outside the United States: Barry Goldwater (ran in 1964) was born in Arizona while it was still a U.S. territory, George Romney (ran in 1968) was born in Mexico to U.S. parents, and John McCain (ran in 2000 and running in 2008) was born in the Panama Canal Zone to U.S. parents.
===================
There has been no challenge to McCain’s first run in a primary and there won’t be in this one because there is no Constitutional basis as long a he was born to U.S. citizens.
Children born here to to diplomats and people serving in some capacity for another nation, are considered natural born citizens of their parent’s county, not the U.S. and the Supreme Court is going to hold the reverse of that true as well.
Quote:
“The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States.” That would seem to include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John’s birth in 1936.
===================
Think about it. We have had thousands of children born to U.S. military personnel serving all over the world, Germany, Italy, England, Japan, etc. and all have been given the rights of “natural born citizens.” It doesn’t make sense not to provide them with full “natural born citizen” rights when their parents are serving the U.S. in official capacity.
Well sorry for the “threadjack” but this does make for an interesting discussion. The discussion is out there but I won’t bother with links. The semantics is interesting nonetheless. So “where” he was born isn’t really an issue here apparently(?) However “natural born” vs. “considered -AS- natural born” (for what purpose in case law?) And you’re right, this probably won’t be challenged in court.
I agree there is a lot of discussion on this and on a lot of other things because McCain is not popular among conservatives and people who oppose his support of illegal immigrants.
What I feel is important is not the actual issue but rather, the fact that so many Republicans are searching for a way to block him.
Now you see why I think the GOP is “throwing the election.” The GOP has no intention of trying to win the election this fall.
I am not against living up to commitments we have made. My problem is the decades of bad commitments we have to live up to. From 1971, and the deal to protect OPEC nations that agreed to sell oil in dollars (and war against those that didn’t (Iraq and Iran), and our attempts to us dictators and terrorists to undermine Russia (and others), we have been spending more and more and more under some Presidents more than others, until we have 1/2 a trillion in interest payments that 124 million private sector workers, for the most part, have to fund.
They fund it mostly through taxes hidden in prices of goods and services but, also in payroll taxes and income and other taxes. Now, they find that inflation is destroying their buying power until they can’t afford any more taxes for the military spending or anything else, for that matter.
As to where McCain was born, I’ll give some hints. It’s wasn’t a state or a protectorate or a U.S. territory. But it WAS A U.S. controlled (COUNTRY HERE) territory.
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 — The Constitution of the United States, Article II Section 1
quote:
Yet according to the Naturalization Law of 1790 that sought to define the term: “And the children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural born citizens.”
See also: Weedin v. Chin Bow 274 U.S. 657 (1927): “A child born outside the U.S. cannot claim U.S. citizenship by birth through a U.S. citizen parent who had never lived in the U.S. prior to the child’s birth.” So in other words, had McCain stayed in Panama after being born there to US citizens, he still would have been a citizen but any progeny he may have sired while there (if he didn’t come live in the US before then) would not have been citizens. But since his parents HAD lived here, he’s good to go.
Source
This is my understanding too but, if you have more data that refutes that, I would like to read it.
Jan
I just think it’s a great political issue. (hehe) And we already know the “McPanimanian Candidate” doesn’t really have much as far as principles to stand on. And this one is brand new for a lot of people just to add insult to injury. (including me) And people need to realize that this whole elitist insider b.s. has gotten so over the top that it’s suicide for conservatism. With these “silver spoon” Republicans, it’s unbelievable how they just sit around in DC and wonder what they did to deserve the backlash. Bush and McCain are classic examples of how “priveledge” don’t equate to the “best and the brightest”. But back to the question, generally my understanding is there’s a higher set of standards for the POTUS than for ordinary citizenship.
There is a higher standard but, I think McCain has no problem, legally.
For that matter, the democrats would prefer he is the candidate so I don’t look for them to bring it up.
Jan
On a strict Constitutional basis(”legally” is another matter) as I understand it laws which come after the Constitution can’t supersede the Constitution. (This is the purpose of the Constitution) What was the original intent (definition of “Natural born” before they felt the need to pass this law?)
I don’t think any Supreme Court would ever rule he isn’t a “natural born” citizen. And again, who is going to raise the issue? The only people with enough money, aren’t going to.
The Precedent in Weedin vs. Chin Bow, will be used. It is the wording they used that implies a child born to U.S. citizens who had lived in the U.S. for some period of time, is a “natural born citizen.”
I don’t see any way a Court will reverse the implication of that ruling.
Article II Section 1 refers to the POTUS not Weeden or Bow or Chow or whoever. Jan, I’m disappointed that you swerve into “political reality” so easily.
You don’t believe that his run is Constitutional? What is your basis in precedent?
You need something to base case on and I don’t see one that an attorney is going to take and try to use.
quote:
Three major candidates have sought the Presidency who were born outside the United States: Barry Goldwater (ran in 1964) was born in Arizona while it was still a U.S. territory, George Romney (ran in 1968) was born in Mexico to U.S. parents, and John McCain (ran in 2000 and running in 2008) was born in the Panama Canal Zone to U.S. parents.
===================
There has been no challenge to McCain’s first run in a primary and there won’t be in this one because there is no Constitutional basis as long a he was born to U.S. citizens.
Children born here to to diplomats and people serving in some capacity for another nation, are considered natural born citizens of their parent’s county, not the U.S. and the Supreme Court is going to hold the reverse of that true as well.
Quote:
“The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States.” That would seem to include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John’s birth in 1936.
===================
Think about it. We have had thousands of children born to U.S. military personnel serving all over the world, Germany, Italy, England, Japan, etc. and all have been given the rights of “natural born citizens.” It doesn’t make sense not to provide them with full “natural born citizen” rights when their parents are serving the U.S. in official capacity.
Well sorry for the “threadjack” but this does make for an interesting discussion. The discussion is out there but I won’t bother with links. The semantics is interesting nonetheless. So “where” he was born isn’t really an issue here apparently(?) However “natural born” vs. “considered -AS- natural born” (for what purpose in case law?) And you’re right, this probably won’t be challenged in court.
I agree there is a lot of discussion on this and on a lot of other things because McCain is not popular among conservatives and people who oppose his support of illegal immigrants.
What I feel is important is not the actual issue but rather, the fact that so many Republicans are searching for a way to block him.
Now you see why I think the GOP is “throwing the election.” The GOP has no intention of trying to win the election this fall.
Jan
I just found out he’s a member of the LJMW http://lessjobsmorewars.com/
Good video for driving a point home.
I am not against living up to commitments we have made. My problem is the decades of bad commitments we have to live up to. From 1971, and the deal to protect OPEC nations that agreed to sell oil in dollars (and war against those that didn’t (Iraq and Iran), and our attempts to us dictators and terrorists to undermine Russia (and others), we have been spending more and more and more under some Presidents more than others, until we have 1/2 a trillion in interest payments that 124 million private sector workers, for the most part, have to fund.
They fund it mostly through taxes hidden in prices of goods and services but, also in payroll taxes and income and other taxes. Now, they find that inflation is destroying their buying power until they can’t afford any more taxes for the military spending or anything else, for that matter.