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To: Qwackertoo
This is a blatant attempt to overturn the unanimous holding in Minor v. Happerset defining natural born citizen to exclude those who were not born in the country to citizen parents:”

There is some disagreement on that point. Lawrence Tribe and Ted Olson were requested by the Senate in 2008 to give an opinion on McCain's eligibility. They concluded that being born to to US citizens abroad was enough and they also opined that being born on US soil (jus solis) was sufficient in the case of Obama.

"The Constitution does not define the meaning of “natural born Citizen.” The U.S. Supreme Court gives meaning to terms that are not expressly defined in the Constitution by looking to the context in which those terms are used; to statutes enacted by the First Congress, Marsh v. Chambers, 463 U.S. 783, 790-91 (1983); and to the common law at the time of the Founding. United Suites v. Wong Kim Ark, 169 U.S. 649, 655 (1898). These sources all confirm that the phrase “natural born” includes both birth abroad to parents who were citizens, and birth within a nation’s territory and allegiance. Thus, regardless of the sovereign status of the Panama Canal Zone at the time of Senator McCain’s birth, he is a “natural born” citizen because he was born to parents who were U.S. citizens.

and

Indeed, the statute that the First Congress enacted on this subject not only established that such children are U.S. citizens, but also expressly referred to them as “natural born citizens.” Act of Mar. 26, 1790, ch. 3, § 1, 1 Stat. 103, 104.

and

Historical practice confirms that birth on soil that is under the sovereignty of the United States, but not within a State, satisfies the Natural Born Citizen Clause. For example, Vice President Charles Curtis was born in the territory of Kansas on January 25, 1860 — one year before Kansas became a State. Because the Twelfth Amendment requires that Vice Presidents possess the same qualifications as Presidents, the service of Vice President Curtis verifies that the phrase “natural born Citizen” includes birth outside of any State but within U.S. territory. Similarly, Senator Barry Goldwater was born in Arizona before its statehood, yet attained the Republican Party’s presidential nomination in 1964. And Senator Barack Obama was born in Hawaii on August 4, 1961 — not long after its admission to the Union on August 21, 1959. We find it inconceivable that Senator Obama would have been ineligible for the Presidency had he been born two years earlier."

94 posted on 03/12/2012 8:35:53 AM PDT by kabar
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To: kabar
It is not my intent to re-hash MvH or 511 here. I posted this thread to point out that IMO there is NO REASON to justify the citation of Marguet-Pillado by the Obama legal team other than to move the goalpost on the NBC definition to include any baby born anywhere who is “biologically-related” to a US citizen. No marriage or actual hands-on real-life parenting to pass American values to the little whelp are needed!

The motivation for this moving of NBC goal posts, IMO, is knowledge by the Obama legal team that Barry was born in circumstances very loosely analogous to those of Mexican-born Marguet-Pillado...but in Kenya! I can find no other legal explanation for the citation to Marguet-Pillado.

108 posted on 03/12/2012 12:07:31 PM PDT by Seizethecarp
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