Same song, second verse.
Ping.
Posted on 12/06/2008 4:33:03 PM PST by BonRad
Volume 107, No. 1 (September 2008) An Online Symposium on Senator John McCain and Natural Born Citizenship Senator John McCain, the current Republican Party nominee for President, was born in the Panama Canal Zone in 1936. The circumstances of his birth raise the question of whether he is a "natural born citizen" as required by Article II, section 1 of the Constitution. The symposium contributors explore both the substance of this issue and the methods used to resolve it.
Why Senator John McCain Cannot be President: Eleven Months and a Hundred Yards Short of Citizenship [HTML] [PDF] Gabriel J. Chin, University of Arizona Law School Article II, section 1 of the Constitution provides that “No Person except a natural born Citizen . . . shall be eligible to the Office of President . . . .” A person must be a citizen at birth to be a natural born citizen. Senator McCain was born in the Canal Zone in 1936. Although he is now a U.S. citizen, the law in effect in 1936 did not grant him citizenship at birth. Because he was not born a citizen, he is not eligible to the office of president.
Originalism and the Natural Born Citizen Clause [HTML] [PDF] Lawrence B. Solum, University of Illinois Law School The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.
The Justiciability of Eligibility: May Courts Decide Who Can Be President? [HTML] [PDF] Daniel P. Tokaji, The Ohio State University, Moritz College of Law The 2008 election cycle has been a busy one for legal disputes over the qualifications of presidential candidates, with federal cases having been filed to challenge both major candidates’ eligibility under the “natural born Citizen” clause. These cases unquestionably present vital questions of constitutional law, touching on matters of self-evident national importance. It is doubtful, however, that they are justiciable in lower federal courts. Standing requirements and the political question doctrine make it unlikely that a federal court will reach the merits in cases of the type filed to date.
McCain’s Citizenship and Constitutional Method [HTML] [PDF] Peter J. Spiro, Temple University Beasley School of Law Many things may obstruct John McCain’s path to the White House, but his citizenship status is not among them. The question of his eligibility, given the circumstances of his birth, has already been resolved. That outcome has been produced by actors outside the courts. . . . If non-judicial actors—including Congress, editorialists, leading members of the bar, and the People themselves—manage to generate a constitutional consensus, there isn’t much that the courts can do about it. In cases such as this one, at least, that seems to be an acceptable method of constitutional determination.
Why John McCain Was a Citizen at Birth [HTML] [PDF] Stephen E. Sachs Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a “natural born Citizen” eligible to be president.
Just looking here it’s a wonder the 9 in SCOTUS wouldn’t be taking on the Donofrio case. One would have to think they have disgorged these five articles. One would have to think the four conservatives and at least one other would issue or want to issue decision.
In haste I post. It’d take me a lot of time to study as I should. Just passing it on without comment, except my real PC has just had its famous pre-repair crash now back from the shop a week. I’ve also lost my long ping list so do as you would, please. Someone should get this to Donofrio, really. I just don’t, in what I’ve scrolled through here, think he’s onto some of this anyways. My files are trapped in a CPU that won’t turn on as of less than an hour ago. Of course there are many references to his cited materials but there are things…well, maybe I’m dreaming.
Here is the one FR post from this I found in quick search of “Natural Born Citizen”.
Originalism and the Natural Born Citizen Clause 10/22/2008 6:31:48 PM PDT • by Dajjal • 7 replies • 707+ views
There are four more entries that go back to Sept 13 – didn’t FR lose files with a server change back around here? I believe I caught it on Atlas Shruggs, where I was lurking / mining back then, along with Godlikeproductions (yes, of all places) and TexasDarlin. I didn’t join FR until later.
I'm sure you agree worthy of (re) post now.
Here goes:
moi ping 4 u
The Natural-Born Citizen Clause and Presidential Eligibility
Not really........Its about as relevant as starting the 2012 campaign coverage right now.
Sorry for this second post, it should have been the first.
Big John lost back in November.........its over, let it go.........
Same song, second verse.
Ping.
They get their facts wrong in the first sentence. John McCain was not born in the Panama Canal Zone. He was born in the Republic of Panama.
Mich Law Review has the wrong guy ,he’s the one who raised all that money and just wanted to eat his waffles.
(tic)~(tic)...;0)
It’s irrelevant now since McCain lost, but it might suddenly become relevant the next time a candidate is born outside the US territory. Of course, if the candidate happens to be a Democrat, the Michigan Law Review will insist that this article was a bunch of bull.
Oh my, more grist for Leo’s mill ... which grinds very finely.
Though it's a moot point right now, that seems to be debatable. I've seen McCain's birth certificate, and it is bilingual, with English ahead of Spanish, and was issued under the auspices of the "Panama Canal Commission," not under the auspices of the Republic of Panama. My take is that the hospital in which he was born was United States property and under the jurisdiction of the US Navy.
It's amazing that this law review article kicks around the constitutional eligibility question for McCain and neglects Obama's much more tenuous constitutional eligibility status. But then again, I'm sure you're aware of the political biases of most legal academicians.
What’s sauce for the goose should be sauce for the gander. But somehow the democrats always manage to get out of the consequences that apply to everyone else.
Well, it seems very interesting to me.
Of course, it’s typical of liberals to have a full bore symposium on McCain’s eligibility, sponsored by a highly respected law review, but to completely ignore the question of Obama’s eligibility.
But, of course, it also shows that a respected law review and a number of constitutional lawyers consider the question of natural born citizenship to be very important, and enough to rule out any candidate who doesn’t properly qualify. If that applies to McCain, then it applies to Obama or anyone else who runs for president.
That’s why I’ve said that Donofrio was right to question all of the candidates in his suit. Every candidate should be properly vetted. That appears to have been done in the case of McCain, but no harm in raising the issue. It has NOT been done in the case of Obama.
Many thanks, BonRad.
This makes it very interesting in the political arena.
Ping.
Thanks, LucyT
And a musical Ping to you!
If you haven't seen this, it makes for interesting reading; particularly 7 FAM 1110 through 1140.
A small part of me wanted him disqualified because maybe it would wake up some of the pro illegals that someone who was born overseas because his father was serving our country was ineligible but if his mother had skipped across the border and had him he would be even if she was an illegal!
Here is the website to the guy who wrote the first article... http://www.law.arizona.edu/Faculty/getprofile.cfm?facultyid=147
I’m going to write him an email to ask his opinion of the current ‘conspiracy’ regarding obammy’s BC.
I’m wondering why we don’t here from these people now? Is it because of the msm blackout? Or they are protecting their boy?
Very good link.
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