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On 3 Nov 2008 22:21:09 GMT, Scott Seidman
wrote: Dave LaCourse wrote in : Frank, he is eligible to serve as POSTUS. If you think he isn't, you are reaching for straws. Why hasn't the DNC filed papers against him? http://www.nytimes.com/2008/02/28/us.../28mccain.html has a great review on this, and its not as clear as you seem to think. It's clear. The term "natural born" as used in the US Constitution, does not mean born within the boundaries of the US as they exist at any given moment, nor does it even elude to geography. It means a "citizen at birth," as opposed to "naturalized citizen" or other form of "created citizen" from one who held prior foreign citizenship. Through at least two Federal laws, The Naturalization Act of 1795 and the law that made Panama Canal births to US citizens, citizens (even retroactively), and a whole body of clear legislative intent, McCain was a US citizen at birth. It hasn't been pursued just because of a sort of gentleman's agreement It hasn't been pursued because there is nothing to pursue, and the only people who have standing to pursue it, Congress, know as a body there is nothing to pursue (individuals, etc., don't have standing in the case of the POTUS). HTH, R -- a can of worms over a technicality. A contest would probably result in a SC decision in favor of "natural born" Then again, bringing it up might actually have resulted in the GOP fielding a candidate who had a chance of winning, and we wouldn't want that! |
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wrote in
: It hasn't been pursued because there is nothing to pursue, and the only people who have standing to pursue it, Congress, know as a body there is nothing to pursue (individuals, etc., don't have standing in the case of the POTUS). http://yalelawjournal.org/images/pdfs/pryor_note.pdf I'm thrilled that your armchair analysis has yielded an opinion much clearer than a Constitutional lawyer who obviously spent weeks to months credibly thinking on and researching the matter, who opines that there are historical differences between naturalized and native born, and that only some interpretations would provide a conclusion of presidential eligiblity. Thanks for clearing that up for us. -- Scott Reverse name to reply |
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On 4 Nov 2008 01:47:51 GMT, Scott Seidman
wrote: wrote in : It hasn't been pursued because there is nothing to pursue, and the only people who have standing to pursue it, Congress, know as a body there is nothing to pursue (individuals, etc., don't have standing in the case of the POTUS). http://yalelawjournal.org/images/pdfs/pryor_note.pdf I'm thrilled that your armchair analysis has yielded an opinion much clearer than a Constitutional lawyer who obviously spent weeks to months credibly thinking on and researching the matter, who opines that there are historical differences between naturalized and native born, and that only some interpretations would provide a conclusion of presidential eligiblity. I'm more than passingly familiar with most of what's in that, and your argument that "some interpretations" would provide this or that is nonsense. "Some interpretations" provide that Obama is a secret Muslim, that Elvis is alive and well and having a donut at Dunkin' with Jimi Hendrix and a guy from Venus and that you know of what you speak. One can make whatever academic arguments one wishes, even interesting ones, and make all sorts of arguendo "ifs," but they are ultimately without merit because the Constitution, its meaning and the law are all in clear agreement. And if you'll actually read your own cite, you'll find that she says the same thing. I feel no need to apologize for not needing "weeks to months" to determine such a clear Constitutional matter. Further, that article shouldn't have taken more than a day or two, and as far as McCain, a lot of what the article covers could have been ignored - he isn't an American Indian born on a reservation prior to 1982, his parents were US citizens at their births with permanent residence in the US, he has undoubtedly met the residency requirements, he was never a citizen of another nation, etc., etc., etc. You are perfectly free to be as wrong as you wish, but the answer to the question of McCain being a "natural born citizen" under and as intended by the US Constitution for the purposes of eligibility for the office of POTUS is clear - he is a "natural born citizen." Thanks for clearing that up for us. You're welcome, R |
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