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To: palmer; David; PhilDragoo; null and void; Iowan; Jet Jaguar; Polarik; FTL; Smokin' Joe; bvw; ...

“”...So if you are going to post something, try to make it relevant.”

This is relevant as it speaks to intent to establish law to provide himself elligibility:

From Freeper David:
Another new fact has appeared. When the issue came up about McCain, a bill was drafted. It was intended to pass as an amendment to USCA Sec. 1401 and it provided among other things that a person born outside the US was automatically a citizen and also provided that such a person was eligible to act as President under Article II.
Clare McCaskil of Missouri introduced the bill however it has now become known that she did so as a favor to her friend, Barack Obama who wrote the bill.
-—>Why would Barack put a single parent savings clause in a bill designed to benefit his colleague John McCain who was born to two U S citizen parents? He knew; he has always known he is not a citizen nor eligible to be elected President.

345/6,272 posted on July 3, 2008 by David


6,284 posted on 11/09/2008 5:16:13 PM PST by Gemsbok (Will the real Barry Dunham, Barry Soetoro, Barack J. Obama, Barack Husein Obama...please stand up?)
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To: Gemsbok

What was Obama doing in Pakistan?
From this site on citizenship...
http://www.usconstitution.net/consttop_citi.html

The following would apply If one was a natural born citizen..just FYI..
Losing your citizenship

“For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the taking of your citizenship against your will, but there are certain actions a citizen can take which are assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.

Moving to another country for an extended period of time does not constitute an act that presumes renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite different from U.S. policy of the past, where even being naturalized in another nation could be seen as renunciation. The sections of the law that pertained to losing ones nationality for many of these cases was found at 8 USC 1482 and related sections.

The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United States. When the United States considers you to no longer be of U.S. nationality, it in effect considers you to no longer be a citizen. Note that these are things you can do that may force you to lose your citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S. citizenship. The ways to lose citizenship are detailed in 8 USC 1481:

Becoming naturalized in another country
Swearing an oath of allegiance to another country
Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force
Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance
Formally renouncing citizenship at a U.S. consular office
Formally renouncing citizenship to the U.S. Attorney General
By being convicted of committing treason”

also, referring to USCA SEC. 1401

The 14th Amendment defines citizenship this way: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are “citizens of the United States at birth:”

Anyone born inside the United States
Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person’s status as a citizen of the tribe
Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.
Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.

The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 USC 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was “declared” to be a United States citizen. Note that the terms “natural-born” or “citizen at birth” are missing from this section.

In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that because McCain was born in the Canal Zone, he was not actually qualified to be president. However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(c): “a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person.” Not eveyone agrees that this section includes McCain - but absent a court ruling either way, we must presume citizenship.”’

From this post:

..why did Senators McCaskill and Obama reportedly insert the following Clause?”

10/14/2008 8:13:02 PM PDT · by ransomnote · 16 replies · 1,280+ views
texasdarlin.wordpress.com ^ | By Judah Benjamin,
“2d Session S. RES. 511: Recognizing that John Sidney McCain, III, is a natural born citizen.: In the Senate of the United States.” was Sponsored by Senator McCaskill and co-sponsored by Senators Leahy, Obama, Coburn, Clinton and Webb. Why? Why were Democratic Senators trying to pass a Resolution making Senator McCain undoubtedly Legally Eligible when this issue had already been cleared up in 2000 and again in 2004? And why did Senators McCaskill and Obama reportedly insert the following Clause? “Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to...


6,292 posted on 11/09/2008 6:27:22 PM PST by Iowan
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To: Gemsbok
By Shailagh Murray
FORT WORTH -- Sen. Barack Obama's campaign announced he would co-sponsor legislation introduced yesterday by his political ally Sen. Claire McCaskill (D-Mo.) to ensure that John McCain can become president, even though he was born in the Panama Canal Zone.

The issue of McCain's eligibility was raised in a New York Times article noting the constitutional requirement that a U.S. president be a "natural-born citizen" had never been fully defined.

The McCaskill bill, submitted immediately after she scrawled it onto a notepad on the Senate floor in response to the Times story, would establish the eligibility of anyone born to a U.S. citizen who is serving overseas as an active or reserve member of the U.S. armed forces. The Arizona senator's father was a Navy officer serving in the Canal Zone when McCain was born there in 1936.

"Senator McCain has earned the right to be his party's nominee, and no loophole should prevent him from competing in this campaign," Obama said.


TITLE 8, CHAPTER 12, SUBCHAPTER III, Part I

§ 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(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; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

6,301 posted on 11/09/2008 6:59:30 PM PST by Brown Deer
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