AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE

Kent Law Review ^ | 2/22/2006 | Sarah P. Herlihy

[SatinDoll]

INTRODUCTION

The natural born citizen requirement in Article II of the United States Constitution has been called the “stupidest provision” in the Constitution,1 “undecidedly unAmerican,”2 “blatantly discriminatory,”3 and the “Constitution’s worst provision.”4 ...

snip

The natural born citizen clause of the United States Constitution should be repealed for numerous reasons. Limiting presidential eligibility to natural born citizens discriminates against naturalized citizens, is out-dated and undemocratic, and incorrectly assumes that birthplace is a proxy for loyalty. The increased globalization of the world continues to make each of these reasons more persuasive...the natural born citizen clause has increasingly become out of place in the American legal system. However, even though globalization strengthens the case for a Constitutional amendment, many Americans argue against abolishing the requirement.

[SatinDoll]

I was responding to a statement that McCain would be a natural born citizen because he was born in a Navy Hospital on a U.S. military base. Such did not exist at the time.

He was born in a public hospital, in the city of Colon, Republic of Panama. Thus, he is not a “natural born citizen” of the U.S. Since both his parents were U.S. citizens, he is considered a “citizen by statute”.

[txhurl]

We sue and we sue and we sue.

If you have enough ‘standing’ (Secretary of State in each State eligibility) suits unraveling, then nothing Obama writes, says or executes is binding..... including CINC commands, and will be contested.

Fine kettle of constitutional lawyer fish he is to subject us to this Chicago thuggery.

[lula]

I was born at Gorgas Hospital in Panama, I have a US passport that states I’m a US citizen born in Canal Zone Panama. What does Obama’s passport state? How was it attained?

[Windflier]

Frankly, I believe McCain is innocent of collusion; he is a thorough American, and would be shocked to think Soros could be using him as a tool to destroy our nation.

For what it's worth, I agree with that, although I think McCain is a hopelessly naive nincompoop. Honorable in many ways, but a nincompoop, nonetheless.

[no dems]

Sounds great!!! Surely there will be some Secretaries of State in places like Texas, Louisiana, Alabama, Georgia, South Carolina, Missouri, etc. that could make enough waves with lawsuits to cripple his administration.

Whaddya think?

[Windflier]

If BHO is found to be “Constitutionally Ineligible” to hold the office of President of the United States, and neither the Supremes nor the Congress do anything about it, and just let him slide on into the Oval Office....

WHAT ARE WE GONNA DO? I’M UP FOR WHATEVER.....

I believe that if the above scenario unfolds, that history will record that the colloquialism, "whatever", was re-defined in the year 2009.

[ga medic]

“At the time you couldn’t get into Pakistan on an American passport.”

This is not true. There were warnings and advisories against US travel in Pakistan, but there were no restrictions on travel. Just because you repeat this over and over, does not mean that it is true.

[OneWingedShark]

>“every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

Just to point out that if McCain’s parents were on active duty, that is under official US business, then they were also under US law, and therefore US Jurisdiction.

For example, if I were to cut off a squadmate’s hand for stealing while in Iraq, I would be accordingly punished under the UCMJ; that in itself is telling of being under the Jurisdiction of the US. Defectors, likewise have rejected US Jurisdiction and applied to another government for protection.

[OneWingedShark]

>Even better, don’t ya think?

Indeed. Thanks! :)

[OneWingedShark]

>WHAT ARE WE GONNA DO? I’M UP FOR WHATEVER.....

See here.

[OneWingedShark]

Whaddya think?

I think your s/n reminded me of this.

P.S. Yes, I have a warped mind.
P.P.S. Replace "Cats" with "Dems"...

[justiceseeker93]

Although we do not agree with her idea and her argument, at least Ms. Herlihy has the decency to propose this as a constitutional amendment, rather than suggesting legislation or executive order or judicial fiat to achieve her constitution trashing.

I would seriously doubt this could get get through the arduous amendment process.

There are a great many opportunities for legal immigrants to the United States, especially those who become naturalized citizens, but life in the White House isn't among them. And despite the bleeding hearts like Herlihy, that's the way it always was and that's the way it should be.

[txhurl]

As stated many times, we will show to the drop the same respect and support for 0 that rats have shown for W over the last 8 years.

[justiceseeker93]

OK, so, for the sake of argument, McCain is a citizen by statute, or more specifically, a citizen at birth by statute. To the best of my knowledge, there is no case law establishing that such a citizen does not fall under the rubric of "natural born citizen." I am aware that Leo Donofrio would argue that McCain is constitutionally inelegible for POTUS, but the legal answer to that question will probably never be known because the issue is moot.

[little jeremiah]

Could you please cite relevant sources - Constitutional amendments, legal precedent and so on?

Or is it just a case of intestinal gas issuing from your brain?

[SatinDoll]

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

The Fourteenth Amendment framer, Rep. John A. Bingham, in 1871, gave a definition of Natural Born Citizen, which stated in part:

“every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”

So, to restate Rep. Bingham’s definition of “natural born” in 21st century terms:

1. Born on U.S. soil;

2. Parents are citizens at the time of birth.

I’m not making this stuff up, you know!

[SatinDoll]

Nice quote from John Bingham, who wrote the 14th Amendment to our Constitution. He knew what “natural born citizen” meant.

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

We are evidently taking away a different understanding of the statement, “...within the jurisdiction of the United States...”.

But for me, one thing is obvious: Colon, Republic of Panama, Senator John McCain’s birthplace, is not within the jurisdiction of the United States. Uh-uh, no way, no how! Panama is foreign soil.

[LucyT]

Ping to #78.

http://www.freerepublic.com/focus/f-news/2139758/posts?page=78#78

[seekthetruth]

“Sounds great!!! Surely there will be some Secretaries of State in places like Texas, Louisiana, Alabama, Georgia, South Carolina, Missouri, etc. that could make enough waves with lawsuits to cripple his administration.

Whaddya think?”

I don’t understand how various Secretaries of State would be able to win a lawsuit filed against Obama or his Administration as I thought the duty to clear candidates for the ballot was the Sec.of State’s job. Isn’t it their job to check the constitutional qualifications of each candidate for President before they allow their names to go on the ballot in each state? For example, Leo stated that the Sec. of State in Washington did not allow Roger Calero’s name to be on the ballot but did not check status of Obama or McCain.

[zarodinu]

No offense meant but I believe this statement is false.

There are only two kind of citizens, naturalized and natural born. There is no third kind of citizen. McCain never went through the naturalization process, so he is either a natural citizen or an illegal alien.

Assuming Obama was born in Hawaii he instantly became a citizen, and did not go through a naturalization process. Since he is definitely not a naturalized citizen, he is automatically a natural born citizen.

Again there is no third kind of citizen.