Much Wisdom in what you say.
Posted on 06/05/2013 1:13:35 PM PDT by nickcarraway
Yea, Billary might win 49 states, losing only AR.
John Thune would be my pick ... wished he’d have run last time around. Ahh well. Given the last two Republican Presidential Candidates, I’m more likely to sit out the 2016 election than vote.
Much Wisdom in what you say.
Yeah, in loose terms, I think I agree with your comments. Thanks for making them.
I believe BOTH parents had to have been U.S. citizens at the time of prospective candidate’s birth in order for him/her to be eligible. This is the NBC req’t. 0bama’s father wasn’t, but 0bama is black so he’s exempt from the law (apparently).
That is incorrect. Title 8 section 1401 subsection G establishes that Sen Cruz was a citizen at birth and has never needed naturalization.
0bama's father was a British subject at the time of Barack Jr's birth, so therefore Jr. is NOT a NBC (even if he was born in Hawaii, which he probably wasn't anyway).
Relevant sections in bold
The following shall be nationals and citizens of the United States at birth:
[....]
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
Sen Cruz's mother was a US citizen and appears to have resided in the US for the required time period.
Now lets talk about why Obama would NOT be a NBC. It has nothing to do with his father other than the absence of US Citizenship. It hinges on three things.
1) what version of the title 8 section 1401 shall be applied? Do we follow the rules at the time of his birth or do we follow current law? That would have to be decided in court.
If we apply the law at the time of Obama’s birth, and we assume he was born outside of the US, then he STILL would not be a NBC because his mother could not have conferred NBC status because she could not have met the residency requirements.
If we apply the law currently, then it is more likely (still undetermined) that NBC could have been conferred. The requirement is 5 years of residence with at least 2 after the age of 14.
2) If he is shown to be born on US soil - moot point. NBC is automatic regardless of citizenship of the parents. I personally dont agree with this but that is the current law and SCOTUS rulings.
3) Even if he did have NBC, did he ever lose his citizenship? It has been argued that his trip to Pakistan could have invalidated his citizenship. Possible but the courts are unlikely to revoke someone citizenship for a travel trip. It normally takes a more egregious action.
NBC rants are great fun, but back in the real world of what the courts and congress are willing to do:
Obama was eligible.
McCain was eligible.
Cruz is eligible.
Rubio is eligible.
I would love Cruz to become POTUS, but unfortunately, also appearing in the real world is the fact that immigration-driven demographic shifts have created an electoral college that the GOP can no longer win. Barring health problems, it’s President Hillary Clinton.
You don’t think someone born in the Unites States should be allowed to be president?
Jeb Bush is the Republican anointed. It’s his turn.
” What it means is that the GOPe hasn’t gotten to work anointing the Jeb Bush / Pork Porkie ticket yet. “
I see this hopeless duo as the ticket too.
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