Posted on 11/13/2010 7:11:00 PM PST by Federalist Patriot
All I know is we better have someone who can who cares about America and it’s people; who can lead and is a an decent and honest person.
Jindal and Pence are really good men and good conservatives but the spotlight just swallows both of them whole. Neither could win in 21st century America.
Interesting description.
I was wondering the same thing.
Were Jindal’s parents BOTH U.S. citizens at the time of his birth?
I can still remember that pathetic rebuttal speech he gave in that suit he looked like he borrowed from his dad.
Jindal is not eligible to be president. His Mom was 4 months pregnant with him when she came to the USA on a visa....neither his Dad or his Mom were naturalized American Citizens when he was born.
NO...he was born 5 months after they came to the USA...neither were naturalized US Citizens...when he was born.
There’s already a thread running that has over 500 posts on it.
http://www.freerepublic.com/focus/f-chat/2626433/posts
I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen .Bobby Jindal's parents, whatever their intentions, were still citizens of India when he was born. He cannot be president unless we forsake The Constitution as the foundation of our republic. We have many many fine men and women who are natural born citizens, including Bobby Jindal's children, as well as any children the Jindal's bore after they naturalized. Jindal knows this, and may have not addressed the subject because doing so raises the fact of the ineligibility of our current White House resident. That Republicans kept quiet makes them complicit in the disregard of our Constitution which allowed John McCain, who was also ineligible, to run for president.
Bobby Jindal’s parents were in the US on a student visa when he was born. At that time, they had no intention of becoming US citizens.
There are fair questions whether he is a “natural born” citizen or not.
For the 99th time Bobby Jindal is not eligible to run for President. He is not a natural born citizen. His mother was only in this country for 5 mos at the time of his birth. She was not a naturalized citizen. Pick somebody else.
I would say... NOT.
He was born a citizen of another country. He was born subject to the jurisdiction of another country.
We have to be consistent here.
He is not an NBC in the slightest.
No question about it. He ain’t.
Exactly.
A Bobby Jindal movement justifies NOT asking questions about Obama should he actually make a 2nd run for the presidency.
With a supposedly conservative Congress, THEY have standing to decide if Obama is a "natural born" citizen or not.
It would take great courage, but they could reject his candidacy, couldn't they?
John McCain’s parents were both citizens at McCain’s birth, and they were natural born citizens, both of them.
The only issue with McCain is that his parents were military and he was born on an overseas military base.
McCain fits the definition of “natural born” citizen.
Unless, of course, I have my history wrong, which I don’t think I do.
All that said, no way in hades that it makes a difference at this point. John McCain is not running again. Some would argue that he still has yet to start running.
(Interesting that he was willing to be an attack animal for his Senate seat, though, isn’t it?)
The only issue with McCain is that his parents were military and he was born on an overseas military base.
Xzins first point is an unresolved issue, but one which I believe will require a decision by the Supreme Court to fix - and I agree it does need fixing. But your second, "the only issue," is not correct, though a McCAin presidency is certainly not in his cards for this life. There is a thorough analysis by Arizona law professor Gabriel Chin (find it at his faculty web page), which addresses McCain's specific problem, that Coco Bolo, in Panama, was one base which did not have a treaty with the U.S. at the time - it was not sovereign territory. Chin points out:
“Because the Canal Zone was a no mans land,12 in 1937 Congress passed a statute granting citizenship to any person born in the Canal Zone on or after February 26, 1904 who had at least one U.S. citizen parent.13 This Act made Senator McCain a United States citizen before his first birthday. But again, to be a natural born citizen, one must be a citizen at birth.”
Professor Chin explains that the result of some race-related decisions in The Insular Cases was that McCain was not even born a citizen, but was naturalized by a statute passed in 1937, the year after he was born, to rectify the injustice to military parents there.
There is the additional problem that, assuming the validity of the birth certificate McCain presumably did provide (a photo was published in several major newspapers) while defending one of the law suits brought by Democrats questioning his natural born citizenship, the hospital named, with doctors, is “Colon Hospital,” the facility used by most military families at the time, there being no real hospital on the base. One of the ironies is that if that was the case, law in place at the time made McCain a citizen at birth, though not a natural born citizen.
McCain's circumstances were very complicated and the Chin paper is by far the most clear on the topic. Chin's conclusion is that because McCain was not even born a citizen, he cannot be a natural born citizen. Here is just one of Chin's statements, statement he supports with copious references:
The McCain campaign, two major constitutional figures, the United States Senate, and Senator McCains own lawyers determined that the issue should not be ignored, offering reasons supporting Senator McCains eligibility. It is now too late to say Senator McCains citizenship at birth is irrelevant. This essay contends that the Tribe-Olson Opinion is not correct under current law; Senator McCain was not a natural born citizen because he was not a citizen at birth. After the crisis of the 2000 election, to inaugurate a President in January, 2009 in open violation of the Constitutions terms risks a national trauma.
When the article was written, July of 2008, Chin, a Democrat, did not provide a similarly thorough analysis of Barack Obama’s eligibility, and neither did our Congress, though requested to do so by many citizens, including Cmdr Charles Kerchner in registered letters.
On the question of whether the Constitution made children born to military parents who were citizens, on foreign shores, natural born citizens. Vattel, who was certainly the major source of legal philosophy for our Founders and Framers did include "children, born out of the country in the armies of the state" as reputed natural born citizens,Book 1#217. None of the many citations of the definition used by Vattel, and by other legal philosophers, clarifies that extension. It is not hard to construct cases to demonstrate that the Framer's caution over extending jus soli requirements was warranted - at the time. Without a "living Constitution" I believe that the court could, and should, make that clarification without amending the Constitution. Clair McCaskill and Barack Obama tried to pass a law in 2008, SB 2678, to do exactly that, knowing of course that a law cannot affect a provision of the Constituion. Still, according to Gabriel Chin, that would not affect McCain's ineligibility, because he was not born a citizen, just as Obama was not born of two citizen parents, the jus sanguinis requirement repeated by Pat Leahy in SenRes 511.
Spaulding, as a retired member of the military, I never once was told that children born overseas to members of the military whose parents were both US Citizens were not “natural born” citizens of the US.
McCain’s mother was born in Oklahoma and was a US citzen. His father was born in Iowa and was a US citizen.
That is what makes him a natural born US citizen, not the location of his father’s military assignment, Panama, when he was born.
If we are to take the unusual position that natural born citizen members of the military are punished by accepting overseas assignments, in that their children are no longer “natural born” citizens, then we are compelled to find some shred of evidence in US history or law that says exactly that thing.
The status of the nation in which they are born is entirely insignificant, since their parents’ reason for being in that location is allegiance to the United States.
We have had thousands and thousands of births overseas with our military families having been stationed in Germany, Korea, and Japan since the close of WWII & the Korean War.
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