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To: Tai_Chung
Following your info in the original post, I think what could happen is that if McCain were elected the question will arise whether McCain is a 'citizen by birth' or a 'citizen by law'.

The basis for that contention being that a law was enacted giving births on foreign soil the right to be American citizens. He is an American 'citizen by birth' by virtue of a law, thus technically he is a 'citizen by law'. Would the original specifications in the Constitution re presidential eligibility be met under those circumstances?

This scenario has never happened thus it has never been constitutionally tested.

It certainly is semantic hairsplitting.

What do you with some legal expertise think? Am I way off base or is there some possibility this could be attempted?

99 posted on 02/17/2008 12:07:56 PM PST by longjack
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To: longjack

Very astute/brilliant thinking/summation on your part.

You just put my thought processes on a whole different level that now makes sense.

“Following your info in the original post, I think what could happen is that if McCain were elected the question will arise whether McCain is a ‘citizen by birth’ or a ‘citizen by law’.”

It was right under my nose, and I couldn’t see it!!!

You hit the nail on the head. THAT IS THE KEY ISSUE!!!

Thank you.

You are brilliant!!!


117 posted on 02/17/2008 3:23:53 PM PST by GatĂșn(CraigIsaMangoTreeLawyer)
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To: longjack

You summed it up brilliantly.

I have nothing more to say but much to remember about what you said.

Thank you.

Good night to one and all.

10-4


119 posted on 02/17/2008 3:42:07 PM PST by GatĂșn(CraigIsaMangoTreeLawyer)
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To: longjack
The basis for that contention being that a law was enacted giving births on foreign soil the right to be American citizens. He is an American 'citizen by birth' by virtue of a law, thus technically he is a 'citizen by law'. Would the original specifications in the Constitution re presidential eligibility be met under those circumstances?

They would, unless you can point to where the law conflicts with the Constitution. The Constitution says that the president must be a natural born citizen, without defining that term. Legislation defines natural born citizens in a manner under which McCain qualifies as one. That pretty much closes the issue.

What do you with some legal expertise think? Am I way off base or is there some possibility this could be attempted?

I don't see how.

122 posted on 02/17/2008 6:30:40 PM PST by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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