“So you would agree with Donofrio that McCain is ineligible to be president?”
Under Jus Soli, he WOULD NOT be a citizen.
Under Jus Sanguinis, he WOULD BE acitizen.
Under my GENERAL interpretation of “natural born” citizen, he WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
HOWEVER (isn’t it strange that there is always a “however”?) ...
“Blackstone’s Commentaries On The Laws of England” AND Vattel’s “Law Of Nations” (references that the Founding Fathers leaned on heavily) ... BOTH make exceptions for a child born overseas to two (2) subjects who are in service to their Sovreign (ie: Ambassadors and Military Officers).
So, SCOTUS would have to determine McCain’s eligibility when they determine what “natural born” means - as pertaining to the Constitution ....
Obama, OTOH, would be a “citizen”, NOT “natural born” - since his father was a subject of the British Crown.
Obama has the opposite problem of McCain:
Under Jus Soli, Obama IS a citizen (assuming he was born in Hawaii).
Under Jus Sanguinis, Obama IS NOT a citizen (his father was a British National).
Under my SPECIFIC interpretation of “natural born” citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
Obama would be a citizen, though, by meeting one (1) of the requirements ...
The Supreme Court has done that before, in 1898 when it ruled that a man was a natural born U.S. citizen regardless of his parent's nationality. And the Constitution does not take Jus Sanguinis into account for anything except treason. Donofrio is going way against established precedent in his line of reasoning, and ignoring federal law and the Constitution as well. Which is why I believe the Supreme Court will not take his case up.
Under my SPECIFIC interpretation of “natural born” citizen, OBAMA WOULD NOT be eligible to be POTUS. He DOES NOT meet BOTH requirements.
We do not operate under your interpretation or my interpretation. The only interpretation that matters in the Supreme Court's, and they've already spoken on the subject. I can't see anything that would cause them to reconsider the earlier court's decision.
Questions.
Has a suit surfaced to prove his renouncing of dual citizenship re: Kenya (automatic till ‘63), Indonesia?