Posted on 10/23/2008 10:32:41 AM PDT by David
McCain was not born in the Canal Zone.
Why do you all keep saying that?
McCain is a natural-born citizen, even though he was not born within this country's borders, since his parents were citizens at the time of his birth. As a Congressional Act stated in 1790 and another reaffirmed in 1795:
Congress: "And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens."
The State Department says that this law is again honored under section 301(c) of the Immigration and Nationality Act.
Try reading the entire thing.
Thank you - I remember back in the spring when Texasdarlin started up her blog about Obama’s citizenship - he was busily trying to dig up something about McCain (and Bill Richardson) neither case going forward.
I wondered at the time why this guy was so interested in their citizenship as nobody had questioned it before and obviously they had submitted their Certificates when requested.
Why I wondered..... what is Obama hiding?
Don't think so.
The political journals describe this as a procedural decision. The news article you post describes it as a decision on the merits but the description doesn't address the substance of the Constitutional issue. And it recites Congress having passed a bill which it didn't--the Senate passed a "Sense of the Senate" resolution which has no legal affect.
In any case, its on appeal to the 9th Circuit. It isn't precedential for anything.
Amen.
I was never disputing whether he was natural born or not. I did stop reading your post at Canal Zone though. Sorry.
No worries.
Why do you keep trying to deflect the topic onto McCain who chose to submit his paperwork?
Obama is wrong - he is not eligible and if he were his lies and behavior indicate he isn’t man enough for the job anyway.
One of us needs to read this again. The point of the Chin article is that there is a clear historical common law record of decision law on the "natural born" question making it clear what the Constitutional provision means and making it clear that it includes only people actually born within the confines of the United States. Being a citizen at birth isn't enough. You need to be born in the geographical limits of the states.
There it is ... so being born in Colon, to American Parents, father in the military, residing on an American Air Base, McCain III got an ambassadorial waiver of some kind that renders him natural born?
>>>Obama is wrong - he is not eligible and if he were his lies and behavior indicate he isn’t man enough for the job anyway.
big bump
That is what I’ve heard. I’ve got issues with McCain; but I wouldn’t bat an eye on any technicality of him being natural born.
Short answer is that there is no process and no representation as to eligibility. As the professor points out, there is simply no legal vehicle by which there is a direct challenge.
McCain's birth certificate has been posted on the main thread for some time--no doubt where he was born--in a private hospital twenty miles outside the Canal Zone. End of story.
Is this why the Republicans are not raising McCain over this - that thier own candidate is walking in a constitutional gray area?
Read the article. Problem is that version of Sec. 1403 was adopted after McCain was born and is not retroactive by its terms.
Further, problem is that whatever application of the statute is, he didn't become a US citizen at birth; at best he got to be one when a later statute was inacted.
Secondary point, as to both of them, citizenship at birth is not enough.
So, please, what do we do now? We are under the threat of a coup. There is no legal avenue to take.
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