To: STARWISE
If in fact this is the case (that he was born in HI), then can we FINALLY get to the larger eligibilty question here?
How can someone born a subject to the crown of her majesty the Queen of England be considered a Natural Born Citizen of the United States and thus eligible to be the Commander in Chief of the armed forces (to say the least)?
32 posted on
05/05/2010 11:19:04 PM PDT by
rxsid
(HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
To: rxsid
"How can someone born a subject to the crown of her majesty the Queen of England be considered a Natural Born Citizen of the United States and thus eligible to be the Commander in Chief of the armed forces (to say the least)?"
Because there is a long line of legal reasoning that says "natural born" means born in the USA, regardless of parentage.
"It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.
James Madison, The Founders Constitution Volume 2, Article 1, Section 2, Clause 2, Document 6 (1789)
To: rxsid
If in fact this is the case (that he was born in HI), then can we FINALLY get to the larger eligibilty question here?
How can someone born a subject to the crown of her majesty the Queen of England be considered a Natural Born Citizen of the United States and thus eligible to be the Commander in Chief of the armed forces (to say the least)?
Been there, done that.
“Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are ‘natural born Citizens’ for Article II, Section 1 purposes, regardless of the citizenship of their parents. Just as a person ‘born within the British dominions [was] a natural-born British subject’ at the time of the framing of the U.S. Constitution, so too were those ‘born in the allegiance of the United States natural-born citizens.’Indiana Court of Appeals, Ankeny et. al. v The Governor of Indiana, Mitch Daniels, Nov. 12, 2009
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