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To: Retired Intelligence Officer
The answer is yes, he is eligible. SCOTUS made clear in the Kim Wong Ark decision that being born in the USA is sufficient to establish that a baby is a natural born citizen, irrespective of the parents' citizenship. The only exceptions are cases where parents are diplomats, invaders, or of some other class not subject to the jurisdiction of the US government.

We've also had at least one president, in addition to Obama, namely Chester Aurthur, whose father was not a US citizen at the time of his birth. Birthers like to claim that Aurthur was also a "usurper," and that he somehow hid the facts surrounding his father's citizenship, but that is not true. That his father was an Irish immigrant was common knowledge, and the timing of his father's naturalization was a matter of public record, and yet no one seemed to care.

Finally, there have been dozens of presidential and vice presidential candidates with non-citizen parents, and no one ever questioned their eligibility. Sipro Agnew comes to mind immediately.

Also, I'm confident that prior to the emergence of the birther movement in 2008, you will not find a single legal scholar claiming or arguing that presidential eligbility requires citizen parents.

651 posted on 11/15/2010 10:09:39 AM PST by curiosity
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To: curiosity

“Finally, there have been dozens of presidential and vice presidential candidates with non-citizen parents, and no one ever questioned their eligibility. Sipro Agnew comes to mind immediately.”

I hadn’t known that about Agnew.


658 posted on 11/15/2010 11:34:45 AM PST by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: curiosity

“Also, I’m confident that prior to the emergence of the birther movement in 2008, you will not find a single legal scholar claiming or arguing that presidential eligbility requires citizen parents. “

Actually, that is STILL the case. There is no true legal scholar who is a birther and no birther who is a legal scholar.

No legal scholar agrees with the birther definition of eligibility, which is based on a bizarre mis-interpretation of very simple legal terms.


659 posted on 11/15/2010 11:37:21 AM PST by WOSG (OPERATION RESTORE AMERICAN FREEDOM - NOVEMBER, 2010 - DO YOUR PART!)
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To: curiosity
Also, I'm confident that prior to the emergence of the birther movement in 2008, you will not find a single legal scholar claiming or arguing that presidential eligibility requires citizen parents

I don't know why you continue to post such blatant lies, when we have over & over again proven you wrong on this.

Example #1: PRESIDENTIAL TIMBER (1950 Cornell University)

A natural born citizen has been defined as one whose citizenship is established by the jurisdiction which the United States already has over the parents of the child, not what is thereafter acquired by choice of residence in this country...

In Ludlam v. Ludlam, judge Selden of the New York Court of Appeals provides a historical explanation:

The subject of alienage was very elaborately examined in Calvin's Case(7 Coke, 1, 6 James I). Among the principles settled in that case and which have remained unquestioned since are these: (1) that natural allegiance does not depend upon locality or place: that it is purely mental in its nature, and cannot therefore be confined within certain boundaries; or to use the language of Coke that “liegeance and faith and truth which are her members and parts are qualities of the mind and soul of man, and cannot be circumscribed within the predicament of ubi.”22

Judge Selden concludes that

“as a result of necessity from these principles, the children of English parents, though born abroad, are nevertheless regarded by the common law as natural-born citizens of England.”23

Thus, parentage and not the accidental place of birth determine “natural born citizens” under common law principles...
_______________________________________________

Example #2: Heritage Guide to the Constitution (2005 edition); page 190:

[T]he third qualification to be president is that one must be a natural born citizen (or a citizen at the time of the adoption of the Constitution). Although any citizen may be a member of Congress so long as he held citizenship for the requisite period of time, to be president, one must be a natural born citizen. Undivided loyalty to the United States was a prime concern.[end quote]

Written by James C. Ho (Berkley) who wrote: “Unnatural Born Citizens and Acting Presidents” and was a supporter of Schwarzenegger for president and also for making adopted children born in foreign countries retroactive natural born citizens

678 posted on 11/15/2010 1:29:34 PM PST by patlin (Ignorance is Bliss for those who choose to wear rose colored glasses)
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