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Originalism and the Natural Born Citizen Clause
First Impressions (companion to Michigan Law Review) ^ | September, 2008 | Lawrence B. Solum

Posted on 10/22/2008 6:31:48 PM PDT by Dajjal

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.

(Excerpt) Read more at michiganlawreview.org ...


TOPICS: News/Current Events; Politics/Elections; US: Michigan
KEYWORDS: barrydunham; barrysoetoro; berg; bergvobama; birthcertificate; canalzone; certifigate; citizen; citizenship; colb; colbaquiddic; dnc; dunham; fec; hawaii; indonesia; kenya; lawsuit; mccain; mccainpalin; obama; obamacolb; obamacrimes; obamafamily; obamatruth; obamatruthfile; panama; passport; philberg; philipberg; rnc; soetoro
First Impressions, an online companion to the Michigan Law Review.

The whole September issue is a symposium on whether John McCain is or is not a "natural born citizen." Useful info, definitions, etc. for those watching Berg v. Obama, also.

http://www.michiganlawreview.org/firstimpressions/vol107/mccain.htm

1 posted on 10/22/2008 6:31:49 PM PDT by Dajjal
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To: Dajjal

Interesting how msm happily discusses this, yet won’t question “the One”.


2 posted on 10/22/2008 6:35:25 PM PDT by machogirl (when the call comes at 3:00 am, what if the teleprompter is broken?)
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To: Dajjal

Don’t know who wrote the crap but McCain under the law is a natural born citizen of the United States being born to a military family. Not to mention the US Senate passed a resolution certifying McCain as a natural born citizen and eligible to run.

The two cases are not similar.


3 posted on 10/22/2008 6:37:04 PM PDT by PhiKapMom ( BOOMER SOONER -- VOTE FOR McCAIN/PALIN2008! LetsGetThisRight.com)
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To: Dajjal

First 7 presidents were born outside of the US.

Ahnold will want in!


4 posted on 10/22/2008 6:42:26 PM PDT by NoLibZone (As insane as McCain is , my principles can't allow someone like Huessein to be president.)
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To: NoLibZone
First 7 presidents were born outside of the US.

That's because the Constitution requires a person be "a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution" in order for that person to be eligible to be President or Vice President. The alternative path allowed for the first seven Presidents.

5 posted on 10/22/2008 6:51:34 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Dajjal

BS. Natural born citizen includes anyone born within the United States and anyone born with at least one parent who is an American citizen.

Period.

That is the end of the Constitutional eligibility argument.

Now, we need to move onto the “Barack has been lying about all of this” question dealing with his fundamental dishonesty on his own history.


6 posted on 10/22/2008 7:01:11 PM PDT by Phsstpok (When you don't know where you are, but you don't care, you're not lost, you're exploring!)
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To: Phsstpok
That is the end of the Constitutional eligibility argument.

You are mistaken. There is more to it than just having an American parent. The details have been posted on numerous threads on FR.

7 posted on 10/22/2008 7:09:48 PM PDT by 17th Miss Regt
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To: Dajjal

RUSH is covering the Birth Certificate mystery right now.


8 posted on 10/23/2008 9:20:03 AM PDT by Gemsbok (Fight voter FRAUD (Acorn)(Obama) and be a poll worker or observer: Beat them at their own game!)
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