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To: butterdezillion; tired_old_conservative
1. f) Citizenship records showing one or more parent not having US citizenship at the time of the prospective candidate’s birth.

First impression is that this, or something like it, is a particularly good provision. TOC’s recommendations in #22 makes some sense, but you would do well to enlist the assistance of a Nebraska legislator (and their aides) in preparing the final draft.

The states truly should be the party that defines the Constitutional concept of NBC, not a gang of liberal, politically-appointed judges. The states can do that initially as a defendant, or later via amendment. This provision, if in place, places the burden of proving that NBC allows for a foreign born parent on the proponents; that should be difficult.

The question, of course, is what result if the states have inconsistent views of the issue? In such event, it would seem at least that the question would be presented to the USSC in an optimal form.

34 posted on 01/07/2011 11:03:30 AM PST by frog in a pot (We need a working definition of "domestic enemies" if the oath of office is to have meaning.)
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To: frog in a pot

There’s that tension between the states each seemingly able to come up with their own definition in the practical implementation of a presidential election, and the Constitution requiring that it be interpreted by the federal judiciary.

I think the way it has to play out is by a state or states coming up with procedures that implement a certain understanding, and then the federal judiciary ruling on the Constitutionality of it. I think that’s about the only way that both provisions of the Constitution can be met.


44 posted on 01/07/2011 11:55:20 AM PST by butterdezillion
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