Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: BP2

I am very angry that McCain decided to run. Leo said McCain was an incredible patriot but the Constitution clearly states he and O are not eligble.


2,079 posted on 11/18/2008 2:33:06 PM PST by Frantzie
[ Post Reply | Private Reply | To 2077 | View Replies ]


To: Frantzie
Leo said McCain was an incredible patriot but the Constitution clearly states he and O are not eligble.

Yeah, I've heard Leo's argument about McCain. I personally think McCain might be eligible as a Natural Born Citizen with additional law clarifying his situation.

But Obama's situation is more of a "clean kill."

2,087 posted on 11/18/2008 2:45:23 PM PST by BP2 (I think, therefore I'm a conservative)
[ Post Reply | Private Reply | To 2079 | View Replies ]

To: Frantzie

Really. So is that why the campaign never brought it up?


2,093 posted on 11/18/2008 3:13:25 PM PST by thesetruths
[ Post Reply | Private Reply | To 2079 | View Replies ]

To: Frantzie
I am very angry that McCain decided to run. Leo said McCain was an incredible patriot but the Constitution clearly states he and O are not eligble

It does? The Constitution states:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

The term "natural born citizen" is not defined, so you have to look to how they understood the term. They, and the common law, understood that persons born of a father living outside the country in question, the US, was a natural born citizen. The law was changed to put some stipulations on that, such as if only one parent was a US Citizen, or sometimes both, he/she or both as appropriate had to meet certain residency requirements, just as the Constitution does even for natural born citizens to be eligible to be President.

McCain was born of two US Citizens, he is definitely a natural born citizen. Remember that citizenship by being born in the US was only instituted after the Civil War, with the 14th Amendment. Before that it was pure common law, which recognized, as does the 14th amendment, that the children of temporary resident expatriate from other countries would not be natural born US Citizens, in spite of being born in the US (Ambassadors, attaches, etc.). Since Congress has the power to "To establish an uniform Rule of Naturalization" and to "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." It is assumed that Congress can make laws concerning citizenship at birth. If that is true, the laws they made make McCain a natural born citizen, and Obama not, if the later was not born in the US.

You also have to look at the reason for the "natural born citizen requirement" in the first place. It was to be certain that there would be no undue foreign government pressure on the President, no "foreign family entanglements" as it were. Obama has those up the gazoo! Including a first cousin who is the PM of Kenya, at least according to the PM himself, who claims that his mother and BHO Sr were half siblings, that is that Odinga, the PM, and Obama share a grandfather.

2,098 posted on 11/18/2008 3:29:56 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 2079 | View Replies ]

To: Frantzie

The constitution clearly does not state that. IF this is the quality of his legal argumentation his case is DOA and will only harm us.


2,177 posted on 11/18/2008 7:54:21 PM PST by arrogantsob (Hero vs Zero)
[ Post Reply | Private Reply | To 2079 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson