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To: Non-Sequitur

When both parents are U.S. citizens, and one is active duty personnel, and the spouse is a military dependent, then the UCMJ considers their child to be a natural born citizen regardless of where the birth takes place. So, McCain has some kind of leg to stand on.


83 posted on 02/23/2009 12:53:09 PM PST by Cyropaedia ("Virtue cannot separate itself from reality without becoming a principal of evil...".)
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To: Cyropaedia
When both parents are U.S. citizens, and one is active duty personnel, and the spouse is a military dependent, then the UCMJ considers their child to be a natural born citizen regardless of where the birth takes place. So, McCain has some kind of leg to stand on.

But not according to Donofrio.

84 posted on 02/23/2009 12:55:52 PM PST by Non-Sequitur
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To: Cyropaedia
When both parents are U.S. citizens, and one is active duty personnel, and the spouse is a military dependent, then the UCMJ considers their child to be a natural born citizen regardless of where the birth takes place.

How does the UCMJ manage to trump the Constitution?


88 posted on 02/23/2009 1:24:22 PM PST by Michael Michael
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To: Cyropaedia
Here's the Uniform Code of Military Justice (UCMJ):

Uniform Code of Military Justice

I see nothing in it regarding citizenship.


89 posted on 02/23/2009 1:31:38 PM PST by Michael Michael
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To: Cyropaedia
And here's 8 USC 1403 which covers those born in the Canal Zone or the Republic of Panama on or after 1904:

§ 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.


Doesn't say anything about "natural born." Just says they're a citizen of the United States. A person who is naturalized is also a "citizen of the United States."


92 posted on 02/23/2009 1:41:35 PM PST by Michael Michael
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