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To: David
No doubt McCain is a citizen. Question is whether he is a "natural born" citizen under Article II, Sec. 1, Par. 4 of the U S Constitution. Although there is disagreement, the usual consensus among the Constitutional lawyers is that he is not because the usual interpretation view is that "natural born" means born in the geographical U S.

There are only two types of citizens- natural-born and naturalized. No other type of category exists. You are proposing the existence of someone who is an American citizen at birth, but not a "natural born" citizen. That is a completely illogical creation. John McCain was not naturalized, he is qualified to be President.

I'm curious why you think "the usual consensus among the Constitutional lawyers is that he is not." Do you have some backup for this?

85 posted on 07/10/2008 1:09:06 PM PDT by Citizen Blade
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To: Citizen Blade
There are only two types of citizens- natural-born and naturalized. No other type of category exists. You are proposing the existence of someone who is an American citizen at birth, but not a "natural born" citizen. That is a completely illogical creation. John McCain was not naturalized, he is qualified to be President.

I'm curious why you think "the usual consensus among the Constitutional lawyers is that he is not." Do you have some backup for this?

Well I will turn that around on you--do you know of any legal Constitutional Law authority for the proposition that there are two kinds of American Citizens--two specific classes with defined rights and none other?

A very brief legal answer to that argument is that the "eligibility" rule comes from Article II, Sec. 1, Par. 4 of the Constitution--Congress doesn't have the authority to dictate how that provision works because Congress has only one power in connection with Constitutional Law and that is to propose Amendments to the Constitution. If Congress could define blue eyed persons born within 120 yards East of the Yellow river as Natural Born citizens, it could modify operation of this clause. The Court would usually not uphold that kind of action by legislation.

A direct answer to my point about "the usual consensus among Constitutional lawyers . . . " is that I talk to guys who argue cases at the Court and I talk to a number of lawyers in the political area and that is what I think they say.

As to legal authority, I think I have set out somewhere on this thread, a legal opinion that specifically addresses the Constitutional interpretation considerations that I think would lead the Court to that result. And you too can see the articles in the general press--just do a Goggle; at best, there is doubt (because there is no direct Supreme Court decision authority); the guys who express an opinion are of the view, as am I that McCain doesn't make the Constitutional eligibility test to serve as president.

94 posted on 07/10/2008 2:34:24 PM PDT by David (...)
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