Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE
Kent Law Review ^ | 2/22/2006 | Sarah P. Herlihy

Posted on 11/28/2008 2:40:28 PM PST by SatinDoll

INTRODUCTION

The natural born citizen requirement in Article II of the United States Constitution has been called the “stupidest provision” in the Constitution,1 “undecidedly unAmerican,”2 “blatantly discriminatory,”3 and the “Constitution’s worst provision.”4 ...

snip

The natural born citizen clause of the United States Constitution should be repealed for numerous reasons. Limiting presidential eligibility to natural born citizens discriminates against naturalized citizens, is out-dated and undemocratic, and incorrectly assumes that birthplace is a proxy for loyalty. The increased globalization of the world continues to make each of these reasons more persuasive...the natural born citizen clause has increasingly become out of place in the American legal system. However, even though globalization strengthens the case for a Constitutional amendment, many Americans argue against abolishing the requirement.

(Excerpt) Read more at lawreview.kentlaw.edu ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: amnesty; birthcertificate; certifigate; constitution; globalization; herlihy; nau; obama; obamatransitionfile; obamatruthfile; obl; president
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 161-168 next last
To: B4Ranch

I was responding to a statement that McCain would be a natural born citizen because he was born in a Navy Hospital on a U.S. military base. Such did not exist at the time.

He was born in a public hospital, in the city of Colon, Republic of Panama. Thus, he is not a “natural born citizen” of the U.S. Since both his parents were U.S. citizens, he is considered a “citizen by statute”.


101 posted on 11/28/2008 6:16:17 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
[ Post Reply | Private Reply | To 98 | View Replies]

To: no dems

We sue and we sue and we sue.

If you have enough ‘standing’ (Secretary of State in each State eligibility) suits unraveling, then nothing Obama writes, says or executes is binding..... including CINC commands, and will be contested.

Fine kettle of constitutional lawyer fish he is to subject us to this Chicago thuggery.


102 posted on 11/28/2008 6:17:17 PM PST by txhurl (somebody just bought 12 Carrier Battle Groups for 600 million dollars)
[ Post Reply | Private Reply | To 99 | View Replies]

To: Shamrock-DW

I was born at Gorgas Hospital in Panama, I have a US passport that states I’m a US citizen born in Canal Zone Panama. What does Obama’s passport state? How was it attained?


103 posted on 11/28/2008 6:24:31 PM PST by lula ( Islam IS the Anti-Christ)
[ Post Reply | Private Reply | To 47 | View Replies]

To: SatinDoll
Frankly, I believe McCain is innocent of collusion; he is a thorough American, and would be shocked to think Soros could be using him as a tool to destroy our nation.

For what it's worth, I agree with that, although I think McCain is a hopelessly naive nincompoop. Honorable in many ways, but a nincompoop, nonetheless.

104 posted on 11/28/2008 6:26:27 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
[ Post Reply | Private Reply | To 89 | View Replies]

To: txflake

Sounds great!!! Surely there will be some Secretaries of State in places like Texas, Louisiana, Alabama, Georgia, South Carolina, Missouri, etc. that could make enough waves with lawsuits to cripple his administration.

Whaddya think?


105 posted on 11/28/2008 6:27:51 PM PST by no dems (George W. Bush: America's last White President. ACORN will see to it.)
[ Post Reply | Private Reply | To 102 | View Replies]

To: no dems
If BHO is found to be “Constitutionally Ineligible” to hold the office of President of the United States, and neither the Supremes nor the Congress do anything about it, and just let him slide on into the Oval Office....

WHAT ARE WE GONNA DO? I’M UP FOR WHATEVER.....

I believe that if the above scenario unfolds, that history will record that the colloquialism, "whatever", was re-defined in the year 2009.

106 posted on 11/28/2008 6:32:12 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
[ Post Reply | Private Reply | To 99 | View Replies]

To: ckilmer

“At the time you couldn’t get into Pakistan on an American passport.”

This is not true. There were warnings and advisories against US travel in Pakistan, but there were no restrictions on travel. Just because you repeat this over and over, does not mean that it is true.


107 posted on 11/28/2008 6:39:06 PM PST by ga medic
[ Post Reply | Private Reply | To 78 | View Replies]

To: SatinDoll

>“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.”

Just to point out that if McCain’s parents were on active duty, that is under official US business, then they were also under US law, and therefore US Jurisdiction.

For example, if I were to cut off a squadmate’s hand for stealing while in Iraq, I would be accordingly punished under the UCMJ; that in itself is telling of being under the Jurisdiction of the US. Defectors, likewise have rejected US Jurisdiction and applied to another government for protection.


108 posted on 11/28/2008 6:43:11 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 77 | View Replies]

To: Windflier

>Even better, don’t ya think?

Indeed. Thanks! :)


109 posted on 11/28/2008 6:49:57 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 100 | View Replies]

To: no dems
>WHAT ARE WE GONNA DO? I’M UP FOR WHATEVER.....

See here.

110 posted on 11/28/2008 6:51:41 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 99 | View Replies]

To: no dems
Whaddya think?

I think your s/n reminded me of this.


P.S. Yes, I have a warped mind.
P.P.S. Replace "Cats" with "Dems"...

111 posted on 11/28/2008 6:58:03 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 105 | View Replies]

To: SatinDoll; theothercheek; GreatOne; LucyT; ExTexasRedhead; Sean Hannity; David; AJFavish; ...
Although we do not agree with her idea and her argument, at least Ms. Herlihy has the decency to propose this as a constitutional amendment, rather than suggesting legislation or executive order or judicial fiat to achieve her constitution trashing.

I would seriously doubt this could get get through the arduous amendment process.

There are a great many opportunities for legal immigrants to the United States, especially those who become naturalized citizens, but life in the White House isn't among them. And despite the bleeding hearts like Herlihy, that's the way it always was and that's the way it should be.

112 posted on 11/28/2008 7:23:47 PM PST by justiceseeker93
[ Post Reply | Private Reply | To 1 | View Replies]

To: no dems

As stated many times, we will show to the drop the same respect and support for 0 that rats have shown for W over the last 8 years.


113 posted on 11/28/2008 7:30:43 PM PST by txhurl (somebody just bought 12 Carrier Battle Groups for 600 million dollars)
[ Post Reply | Private Reply | To 105 | View Replies]

To: SatinDoll
OK, so, for the sake of argument, McCain is a citizen by statute, or more specifically, a citizen at birth by statute. To the best of my knowledge, there is no case law establishing that such a citizen does not fall under the rubric of "natural born citizen." I am aware that Leo Donofrio would argue that McCain is constitutionally inelegible for POTUS, but the legal answer to that question will probably never be known because the issue is moot.
114 posted on 11/28/2008 7:35:22 PM PST by justiceseeker93
[ Post Reply | Private Reply | To 101 | View Replies]

To: zarodinu

Could you please cite relevant sources - Constitutional amendments, legal precedent and so on?

Or is it just a case of intestinal gas issuing from your brain?


115 posted on 11/28/2008 7:52:41 PM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
[ Post Reply | Private Reply | To 45 | View Replies]

To: justiceseeker93

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

The Fourteenth Amendment framer, Rep. John A. Bingham, in 1871, gave a definition of Natural Born Citizen, which stated in part:

“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.”

So, to restate Rep. Bingham’s definition of “natural born” in 21st century terms:

1. Born on U.S. soil;

2. Parents are citizens at the time of birth.

I’m not making this stuff up, you know!


116 posted on 11/28/2008 7:56:44 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
[ Post Reply | Private Reply | To 114 | View Replies]

To: OneWingedShark

Nice quote from John Bingham, who wrote the 14th Amendment to our Constitution. He knew what “natural born citizen” meant.

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

We are evidently taking away a different understanding of the statement, “...within the jurisdiction of the United States...”.

But for me, one thing is obvious: Colon, Republic of Panama, Senator John McCain’s birthplace, is not within the jurisdiction of the United States. Uh-uh, no way, no how! Panama is foreign soil.


117 posted on 11/28/2008 8:02:33 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
[ Post Reply | Private Reply | To 108 | View Replies]

To: ckilmer; Calpernia; Fred Nerks; null and void; pissant; george76; Polarik; PhilDragoo; Candor7; ...

Ping to #78.

http://www.freerepublic.com/focus/f-news/2139758/posts?page=78#78


118 posted on 11/28/2008 8:09:42 PM PST by LucyT (.......................Don't go wobbly now.......................)
[ Post Reply | Private Reply | To 78 | View Replies]

To: no dems

“Sounds great!!! Surely there will be some Secretaries of State in places like Texas, Louisiana, Alabama, Georgia, South Carolina, Missouri, etc. that could make enough waves with lawsuits to cripple his administration.

Whaddya think?”

I don’t understand how various Secretaries of State would be able to win a lawsuit filed against Obama or his Administration as I thought the duty to clear candidates for the ballot was the Sec.of State’s job. Isn’t it their job to check the constitutional qualifications of each candidate for President before they allow their names to go on the ballot in each state? For example, Leo stated that the Sec. of State in Washington did not allow Roger Calero’s name to be on the ballot but did not check status of Obama or McCain.


119 posted on 11/28/2008 8:20:32 PM PST by seekthetruth
[ Post Reply | Private Reply | To 105 | View Replies]

To: SatinDoll

No offense meant but I believe this statement is false.

There are only two kind of citizens, naturalized and natural born. There is no third kind of citizen. McCain never went through the naturalization process, so he is either a natural citizen or an illegal alien.

Assuming Obama was born in Hawaii he instantly became a citizen, and did not go through a naturalization process. Since he is definitely not a naturalized citizen, he is automatically a natural born citizen.

Again there is no third kind of citizen.


120 posted on 11/28/2008 8:20:58 PM PST by zarodinu
[ Post Reply | Private Reply | To 81 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 161-168 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson