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To: Uncle Chip
So then just like McCain, if he decides to run for the Presidency he will have to petition the Congress for an SR511, right???

http://www.opencongress.org/bill/110-sr511/text

No, there is nothing in the Constitution which requires a non-binding Senate Resolution as a qualification for the office of President. And if you read the text of that non-binding Senate resolution, it does not bode well for the birther argument. I'm sure it's author, an avowed socialist from VT, would have written one for Obama if asked.


66 posted on 03/22/2010 2:24:18 PM PDT by msg-84 (Semper Fidelis)
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To: msg-84
No, there is nothing in the Constitution which requires a non-binding Senate Resolution as a qualification for the office of President.

So then why did McCain request it??? Is it possible that he wasn't sure that his birth outside the U.S., even though to two U.S. citizens, qualified him as a "natural born citizen"???

69 posted on 03/22/2010 3:02:26 PM PDT by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: msg-84
And if you read the text of that non-binding Senate resolution, it does not bode well for the birther argument.

I don't about so-called 'birthers,' but the resolution utilizes criteria (two citizen parents) that Obama can't meet.

71 posted on 03/22/2010 3:19:34 PM PDT by edge919
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To: msg-84
And if you read the text of that non-binding Senate resolution, it does not bode well for the birther argument. I'm sure it's author, an avowed socialist from VT,

It's author, or sponser at least, was Claire McCaskill, from Missouri. The co-sponsers were Clinton(NY), Leahey (VT), Coburn (OK), Webb(VA) and Obama(IL).

It read in part:

Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country's President;
...
Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone
...
That John Sidney McCain, III, is a `natural born Citizen' under Article II, Section 1, of the Constitution of the United States

That fits right in with Vattel's "Law of Nations" definition.

The natives, or natural-born citizens, are those born in the country, of parents who are citizens.
...
children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

So, the other FReepers son fits in exactly the same category as McCain, "born in the armies of the state" and "of parents who are citizens".

Now Obama, OTOH, was not born of parents who are citizens, and if born out of the country, it sure as heck was not in the "armies of the state". So regardless of where born, Obama fails, and also regardless of where born, given that it was while their parent(s) was serving in the military, McCain and the other FReeper's son pass on both counts.

Not that I care much for McCain, I certainly did not vote for him in the primary, and was not going to vote for him in the general election, until he picked Sarah Palin. (and until the 'Rats picked Obama, who I had to vote against)

However that "reputed born in the country" does not extend to those made citizens at birth through statute law. Thus even if both parents are citizens, a child born outside the country is not, in general, "natural born", but rather is considered "naturalized". This is because Congress only has power over naturalization, and that analysis has been confirmed by the Supreme Court.

72 posted on 03/22/2010 3:30:49 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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