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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The natural born citizen clause of the United States Constitution should be repealed for numerous reasons.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
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To: Shamrock-DW

Yes, both your daughter, Senator McCain, and even Gov. Schwarznegger (naturalized citizenship) are considered citizens under the 14th Amendment. But to be considered “natural born” a person must meet two criteria:

1. Be born within the United States or its territories;

2. Both parents must be United States citizens at the time of the birth.

This isn’t my opinion, sorry if you don’t agree. But having citizenship is different from being “natural born”.


81 posted on 11/28/2008 5:31:23 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: SatinDoll

I think that, by now, it is well established that Obama does not legally qualify to assume the position of POTUS. No one would spend that much money on lawyer’s fees to hide his true identity. All he has to do is produce a valid birth certificate and he will be home free.

Any chance that our political system will follow the Constitution or is this a lost case? Will he not have to give an account of his true identity before he receives the type of security clearance required by the POTUS?


82 posted on 11/28/2008 5:33:12 PM PST by 353FMG (The sky is not falling, yet.)
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To: zarodinu

Actually, there are two criteria to being a “natural born citizen”. See post #81.


83 posted on 11/28/2008 5:33:23 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: Mr. K

“By who?”

Why, Liberals who want to bring us down, of course!


84 posted on 11/28/2008 5:36:05 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: dbacks

I am very serious.

The Navy hospital wasn’t built until a few years after John Sidney McCain was born. On his birth certificate, which has been published on the internet, his birth place is Colon, Republic of Panama.

Per the treaty signed with Panama in 1904(?), no part of the nation of Panama was ever a territory of the U.S.A. We managed the Canal Zone for a goodly while but it was never a U.S. territory.


85 posted on 11/28/2008 5:42:08 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: SatinDoll
But McCain wasn’t natural born either. He is a citizen by statute, as his parents were both citizens but he was born in Colon, Republic of Panama, which is not a part of the U.S. nor a U.S. territory.

I believe that is not correct. At the time McCain was born it was US territory, just as the Louisiana Purchase states are.

It wasn't until Jimmy Carter gave away the canal in 1977 that things became truly muddled...

86 posted on 11/28/2008 5:43:09 PM PST by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: SatinDoll
Per the treaty signed with Panama in 1904(?), no part of the nation of Panama was ever a territory of the U.S.A. We managed the Canal Zone for a goodly while but it was never a U.S. territory.

Why, then, was all the time and trouble for Carter to create the Panama Canal Treaty of 1977 even necessary?

87 posted on 11/28/2008 5:46:59 PM PST by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: Doug TX
I see no reason for the conservative talkers to hold back now.

I swear, I'm beginning to think that Rush, Sean, Levin, et al get all of their information on a direct brain-feed from the MSM.

How else can you explain their avoidance of this topic at this point?

I mean, this issue is moving and evolving with lightning speed now. I personally know at least four times what I knew about this last week, and it's not because I haven't been paying attention. There's just been that much more that's come out in the last seven days.

If the big talkers were reading the same reports that we are, they would have opened their shows with klaxon alarms every day last week, but they didn't, ergo; they're NOT tuned in to the proper broadcast frequency.

I've become so uneasy and impatient with them over this, that I haven't been able to listen lately.

If the big talkers don't lead with this story in the coming week, I'm afraid I'm going to tune them out from here on. And that's something I never thought I'd hear myself say.

88 posted on 11/28/2008 5:54:39 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Publius6961

Please see my posting at #85.

It was a surprise to me when I found out four days ago that the Panama Canal Zone was never U.S. territory but just a lease, and that we managed the Canal for Panama.

The Navy hospital wasn’t built until after Senator McCain’s birth.

Looking back - good old hindsight! - it always bothered me that Senator McCain accepted large donations from George Soros towards McCain’s tax-free “The Reform Institute”, which promotes unification between Canada, Mexico, and the U.S.A. (see reforminstitute.org). McCain has, of course, been a proponent of amnesty, but now I can see there was a further reason for Soros’ support of McCain’s candidacy - he, McCain, wasn’t a natural born citizen. If either McCain or Obama was elected that would have helped to render our Constitution a useless piece of paper.

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.


89 posted on 11/28/2008 5:55:09 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: Mogollon

I think that is the officer’s oath. The enlisted man’s oath is a little shorter.


90 posted on 11/28/2008 5:55:41 PM PST by Eastbound
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To: Publius6961

President Carter was, well...rather peculiar in his moral beliefs. He was not particularly proud of the United States.


91 posted on 11/28/2008 5:56:54 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: nufsed
my Obama loving friend has asked me to stop send her political e-mail. PS: she usually initiates the exchange and then when I respond she can't answer and gets mad.

Boy, does that sound familiar!

92 posted on 11/28/2008 5:56:57 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: DLfromthedesert

One of the least known of the truly great pianists of the 20th Century, too. His recording of the 24 Chopin Preludes is peerless.


93 posted on 11/28/2008 5:58:41 PM PST by Emperor Palpatine ("I love democracy. I love Free Republic")
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To: SWUF2008

Ciao SWUF2008

“It sounds to me like liberal labels are infiltrating Historical References.”

It wasn’t on my mind at all. I’ve often heard of them referred to as the “framers.” Now if I had said the “founding persons,” I’d be suspect. Or I guess today it would be the “Founding Partners!”


94 posted on 11/28/2008 5:58:58 PM PST by Mancolicani
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To: SatinDoll

Traitors, Marxists and other pigs would think the constitution stupid.


95 posted on 11/28/2008 6:00:47 PM PST by freemike
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To: dbacks

Of course she does.....she’s a lawyer.


96 posted on 11/28/2008 6:01:02 PM PST by Emperor Palpatine ("I love democracy. I love Free Republic")
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To: zarodinu

Boy, are you about to get an earful...


97 posted on 11/28/2008 6:04:24 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: SatinDoll

>The Navy hospital wasn’t built until after Senator McCain’s birth.<

So the building that is now a hospital wasn’t built until after Senator McCain’s birth. So what? Sailors and Marines don’t require buildings for medical services.


98 posted on 11/28/2008 6:07:39 PM PST by B4Ranch (Forbidden subject on FR.com--> "How should people respond to a government of looters? ")
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To: SatinDoll; All

O. K. folks: 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.....


99 posted on 11/28/2008 6:11:33 PM PST by no dems (George W. Bush: America's last White President. ACORN will see to it.)
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To: OneWingedShark
>> Zero gets himself elected. (done) After taking office it’s proven that he’s ineligible to hold that office leading to a major fight in congress. The democrats refuse to remove him but fail to get a constitutional convention. then the military and millions of deputized patriots come in and kick his ass out, along with EVERYONE who did not ACTIVELY oppose him or allowed him to stay in power; declaring martial law until the traitors are executed, and then returning government to it's proper running. <<

Even better, don't ya think?

100 posted on 11/28/2008 6:14:04 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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