Posted on 08/13/2008 6:22:21 AM PDT by jasonmyos
SAN FRANCISCO (Legal Newsline)-A John McCain presidency would be illegal because the Arizona senator was not born in the United States, says a lawsuit filed by the American Independent Party.
The minor party says it wants McCain's name removed from ballots in California because federal law would bar the former Vietnam War POW from taking office were he to be elected in November, according to the lawsuit filed in U.S. District Court in San Francisco.
Article II of the U.S. Constitution disqualifies McCain from assuming office because he was born in the Commonwealth of Panama in 1936, while his father was stationed at Coco Solo Naval Air Station in the Panama Canal Zone, the lawsuit contends.
(Excerpt) Read more at legalnewsline.com ...
I thought this was settled long ago.
Right question, wrong candidate
This is where my wife tells me, “don’t give me that lawyer sh*t”, but technically, he wouldn’t have been born at Coco Solo because there wasn’t a hospital there. The US hospital was at Ancon, on the Pacific side, so he might have been born outside the CZ at a Panamanian hospital. Does that matter WRT having been born overseas to military parents? Probably not - my daughter was born at Gorgas Army Medical Center (Ancon Hospital) while I was assigned in Panama, and she has a “Certificate of Birth Abroad of United States Citizen” (which we guard with our lives, since you only get one and it’s an odyssey of epic proportions to get a copy from the State Department).
Colonel, USAFR
obamamama was born in Kenya by a non citizen father and citizen mother which makes him of questionable citizenship.
Where is our lawsuit?
Ahh, Chuck Baldwin's little minions out there. (I think they officially nominated Alan Keyes, however, they are putting Baldwin on their ticket because the Constitution Party doesn't have a ticket representation in Cali.)
Clogging up the courts with stupidity.
A Democrat specialty.
Long and short is McCain is a natural born U.S. citizen because both his parents were U.S. citizens. Obama is a natural born U.S. citizen because he was born in Hawaii.
That is hysterical, lol
Really?
And how is it that you know this?
Ditto, except the Constitution Party (ie Chuck Baldwin) has long pulled the strings on the American Independent Party.
Because I've not seen any evidence indicating that he was not. A lot of wild speculation but no hard evidence at all.
Oh puleeze
Have you seen any evidence that he WAS? Like a valid birth certificate for example?
I can show you mine. It’s in a safety deposit box, but I can have it by tomorrow. How about you? How hard would it be for you to produce a copy of your birth certificate? Don’t you think it odd that Barry Soetero nee Barak Hussein Obama cannot produce his?
Well, there is this argumnet:
Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship
Abstract:
Senator McCain was born in 1936 in the Canal Zone to U.S. citizen parents. The Canal Zone was territory controlled by the United States, but it was not incorporated into the Union. As requested by Senator McCain’s campaign, distinguished constitutional lawyers Laurence Tribe and Theodore Olson examined the law and issued a detailed opinion offering two reasons that Senator McCain was a natural born citizen. Neither is sound under current law. The Tribe-Olson Opinion suggests that the Canal Zone, then under exclusive U.S. jurisdiction, may have been covered by the Fourteenth Amendment’s grant of citizenship to “all persons born . . . in the United States.” However, in the Insular Cases, the Supreme Court held that “unincorporated territories” were not part of the United States for constitutional purposes. Accordingly, many decisions hold that persons born in unincorporated territories are not Fourteenth Amendment citizens. The Tribe-Olson Opinion also suggests that Senator McCain obtained citizenship by statute. However, the only statute in effect in 1936 did not cover the Canal Zone. Recognizing the gap, in 1937, Congress passed a citizenship law applicable only to the Canal Zone, granting Senator McCain citizenship, but eleven months too late for him to be a citizen at birth. Because Senator John McCain was not a citizen at birth, he is not a “natural born Citizen” and thus is not “eligible to the Office of President” under the Constitution.
No. On the other hand I never saw evidence that George Bush or John Kerry or Al Gore were either.
Nor have I seen any evidence supporting claims that Obama was born in Canada or Kenya or Venus or any of the other places that have been bandied about.
Don’t you think it odd that Barry Soetero nee Barak Hussein Obama cannot produce his?
He probably could. But he doesn't have to. Not because you or me or some other person demands it.
He SHOULD have to. The Constitution of the United States actually demands it. It IS the law you know? Or is this another "frivolous" Constitutional issue we should just igore?
IF Obama was born in Hawaii, no problem.
“Article II requires that you must be a natural born citizen of the United States. His parents were both US citizens, making him a natural born citizen. End of Story.”
That’s right. So, I am honestly confused here and asking for a legal clarification. Can anybody explain, is there any procedure NOT to accept a clearly frivolous lawsuits? Is any suit MUST be accepted?
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