Posted on 12/03/2008 11:43:31 PM PST by BP2
To all those that think mccain becomes president BIDEN becomes ACTTING President until a valid candidate can be selected by the CONGRESS.
There is actually provision in there for someone who pulls something like this. The fact is Howard Dean was to verify this guy was elligible to run. Its the responsiblity of the party.
I have very mixed feelings because if the court invalidates this guy its going to be a blood bath.
OK- We disagree.
I believe that the founders cared enormously about whether a presidential candidates’ parents had foreign citizenship. I also believe that the SCOTUS will see a need to define clearly the meaning and intent of eligibility, as disputed, and will allow a review.
Copy can be downloaded here:
http://www.archives.gov/exhibits/charters/charters_downloads.html
Page 3 of the document.
Nope!
But that is exactly what it does.
Two children born on the same day at Balboa Naval Hospital in San Diego, California, USA. One child can aspire to the presidency if he desires. The other child, an American citizen, born and raised in the United States, cannot because his mother was an immigrant. The second child, because his mother immigrated here, is a de facto second-class citizen who does not have the same freedoms, rights and privileges as the first child despite the fact both children were born in the exact same place.
Doesn't sound very American, does it? Because it's not.
No, I need someone to point out exactly where the legal difference between the two is defined. Or where the Founding Father's advocated a two-tiered citizenship for people born here. Or how the 14th Amendment has suddenly disappeared. Those are the things I need to be reading about. Donofrio's twisted logic would disqualify a large number of the people who were born here, including probably Bobby Jindal. I'm not accepting Donofrio's theories, and I'm sure not willing to bet the Supreme Court signs on for Dred Scott II.
The founders were clear in why they set the bar higher for eligibility to be the President. There is a means for changing the Constitution.
No, he is very much aware of the Wong Kim Ark case.
Please see the following link for some information about the case:
http://federalistblog.us/2006/12/us_v_wong_kim_ark_can_never_be_considered.html
Pay particular attention to comments by Justice Stevens (he would be considered a ‘liberal’ judge) about this case:
“A refusal to consider reliable evidence of original intent in the Constitution is no more excusable than a judge’s refusal to consider legislative intent.”
The constitutional requirement for the President of the United States to be a natural-born citizen had one purpose according to St. George Tucker:
“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence, which, wherever it is capable of being exerted, is to he dreaded more than the plague. The admission of foreigners into our councils, consequently, cannot be too much guarded against; their total exclusion from a station to which foreign nations have been accustomed to, attach ideas of sovereign power, sacredness of character, and hereditary right, is a measure of the most consummate policy and wisdom. … The title of king, prince, emperor, or czar, without the smallest addition to his powers, would have rendered him a member of the fraternity of crowned heads: their common cause has more than once threatened the desolation of Europe. To have added a member to this sacred family in America, would have invited and perpetuated among us all the evils of Pandora’s Box.”
Cincinna, you said:
“Where the parents were born matter not. If a person is born in the United States, he is a natural born American citizen.”
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So, if Hitler’s parents were vacationing in the US while Mom was pregnant and little Adolph happened to be born in the US, he could serve as our President?
You are correct.
Section 3 of the 20th Amendment States:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified...”
This amendment is conceding to the possibility of a candidate making it as far as being President Elect and THEN being deemed unqualified.
Seems pretty outrageous that there is a provision for this, especially since there are only three requirements to be considered qualified.
Allegiance of the parents most certainly mattered since they were responsible for the child.
What if two anti-American citizens from another country wanted to hatch a master plan to take over the USA.
By the logic used by some posters, these two anti-Americans could:
1. Plan a trip to America and make sure the woman gave birth on US soil.
2. Take said child out of the US and raise said child in an anti-American way.
3. Make sure said child is back in the US by age 21 so he/she can meet the 14 year residency requirement when he/she turns 35.
This person could then be eligible to serve as our President.
Every person born on US soil is a US citizen, no matter where the parents were born, nor of what country they are citizens of.
If Obama was actually born in Hawaii, he himself is a natural born citizen.
If he wasn’t born in the US, he can’t be POTUS. The parents are irrelevant.
The question is why Obama can’t or won’t produce his borth certificate. My guess is that the father is unknown, or not the Kenyan he claims.
Without a birth certificate, none of us can prove natural born citizen status. Mine is in the Safety Deposit Box at the Bank, where is his? If you lose it, the local deoartment iof health will make a cope for you.
Nah. No reason to change it. I'm confident that our Constitution does not differentiate between "first-class" Americans and "second-class" Americans.
That is a somewhat preposterous hypothetical.
According to the Constutution, yes,with few exceptions.
What few exceptions?
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