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To: El Gato
That assertion has been made twice, once in 1790 in the Nationality Act of 1790, repealed in 1795, and in February of 2008 when Clair McCaskill sponsored a bill S.2678 to make children of military natural born citizens. It never left the Senate, in spite of attracting as its second sponsor, Barack Obama, and then Tom Coburn. Eventually, Hillary, and Menendez joined as cosponsors. It seems pretty clear that they wanted to face Obama and needed to provide cover for his jus soli problem. It is unfortunately a fact that McCain was well funded by Soros proxies, and distinguished himself as a friend of the left with McCain Feingold, his attempt to block Bush tax cuts and his open border policies.

It is an appealing sentiment, but not law. The McCaskill bill couldn't have modified the Constitution, but might have become and amendment if support seemed particularly strong. Her bill differed from the 1790 Act in not including the children of diplomats. Natural born citizenship was to protect the republic.

One could imagine a scenario of a child born overseas, spending many of his formative years in another society. Allegiance might not be so clear after after five or ten years stationed in Turkey or Indonesia. There is no right to the presidency. The framers intended to discriminate. A fragile nation based upon allegiance and ideas was being built.

419 posted on 04/09/2010 6:42:46 AM PDT by Spaulding
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To: Spaulding
The framers intended to discriminate. A fragile nation based upon allegiance and ideas was being built.

The movement to make ANY citizen eligible for POTUS is well afoot. It is being made part of the "Civil Rights Crusade," and one of its goals is to secure the right of POTUS eligibility for the children of illegal immigrants, i.e., "Anchor Babies."

The founders did not see POTUS Eligibility as a "Right." They saw the rules for eligibility as a matter of National Security.

Furthermore the granting of citizenship to the children of illegal aliens is a generous American custom, not at all a matter of law.

Next case, just to keep this bi-partisan:

Bobby Jindal.

Not a Natural Born Citizen as required by Article II. He was born before his legal alien parents became citizens.

Precisely why the legal battle must continue, even if we don't get Lolo's kid out of the federal housing before 2012.

424 posted on 04/09/2010 6:56:17 AM PDT by Kenny Bunk (Obama. He'll bring back States' Rights. In the meantime, this ain't gonna be pretty.)
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To: Spaulding
That assertion has been made twice, once in 1790 in the Nationality Act of 1790, repealed in 1795, and in February of 2008

Not quite. The 1790 law and the 2008 bill affected children born outside the country to all US citizen parents. The provision from Vattel only applied to those born of fathers serving in the "armies" of the country, or in the diplomatic corps. Not merchants or others outside the county on their own private business.

435 posted on 04/09/2010 11:10:28 AM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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