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The natural born citizen clause of the United States Constitution should be repealed for numerous reasons.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.

[freekitty]

Sounds like they have been setting us up to bully us into accepting this piece of trash.

I hope the Supreme Court sees through this. Again, they are not practicing the law; they making the law without our permission.

[dbacks]

“Maybe he’ll simply swear himself in.”

Hey, you’re right. As “the One”, he can do that.

[EternalVigilance]

He was born in a US Military Hospital on a US Military Base in a US controlled Territory.

No, he wasn't. He was born in Colon, which was in the Republic of Panama, in a civilian hospital.

[dbacks]

“No, he wasn’t. He was born in Colon,”

OK, I had heard differently.

[zarodinu]

I am against repealing the Natural Born Citizen requirement. Its actually much more general and inclusive than most people think. Anybody who is not a naturalized citizen is a natural born citizen.

Born to two illegal aliens in the US? Natural Born Citizen.

Born to a Soviet diplomat and a Chinese spy in US? Natural born Citizen.

Born to two US citizens on a military base, or abroad, or on a space station? Natural Born Citizen.

Born to one US citizen and one non citizen AND abroad? Depends on the time and the place but very often YES still a natural born citizen.

Only sure fire way to disqualify is being born abroad to two non citizens.

[Eagle Eye]

Martin Van Buren was my g-g-g-g grandfather’s brother.

[Shamrock-DW]

BullSh**

My daughter was born at Gorgas Hospital in Panama. All you had to do was to file the paperwork with the embassy and she was a full-fleged citizen of the U.S. McNada fell under the same regulations.

[Mancolicani]

Well this is just my opinion, but... Yes on its face the provision would seem silly: “A drunken and illiterate Topeka-Kansas born hobo pulled up from the train tracks is qualified, but a Finnish-born Rhodes scholar who’s been teaching at Yale for the last 30 years is not.”

My own Italian grandfather was such a Patriot that he cried tears of joy when he saw the first live Telstar transmissions direct from the USA.

But the framers were no fools and so, for me, anyway, the thrust of the issue was mistrust: the local boy’s records are more readily available. Did he come from a reputable family? Are you sure of his patriotism? Check and double-check. Don’t run any useless risks. The requirement, which like all laws can be deconstructed (as I have above)is really a call for close scrutiny.

Morally, I mean in front of God, Obama’s concealment of his university records is far worse. Though it’s all about him, he had nothing to do with his actual birth certificate. But he did have much to do about his school avhievements.

I find it incredibly ironic that in the Age of ethnic studies - and Afro-American studies being N#1 on the list, all the records of a man who reached the world’s most exalted position are kept sealed.

It’s as if Charlie Bird Parker had gone to the Julliard School of Music and the (mostly) white men there kept the tapes of all his riffs and solos under lock and key.

What’s a poor Black student attending an African-American studies class gonna study if the world’s leading African-American has all his records locked up?!

The natural-born stuff of the Constitution places the emphasis on mistrust... and when it comes to politicians, this is GOOD!

[dbacks]

But see -

http://www.nytimes.com/2008/02/28/us/politics/28mccain.html

Which confirms his birthplace as CZ. I wasn’t there so I can’t say but apparently the dems had not sought to disqualify him. Mebbe because they knew about obammy?

In any event, I don’t care about McCain. He won’t run again. Perhaps, it should read “born “TO” the United States”!

BTW, how about Goldwater? He was born in Arizona Territory.

[STE=Q]

"We need to get out the alarm that this nation is under siege."

Our nation has been 'under siege' for sometime now... and the VERY thing that our founding fathers wished to prevent by inserting the 'natural born' citizen provision in our constitution -- the complete takeover of our country by foreign interests -- is now a distinct possibility!

Please put me on your ping list.

Thanks.

STE=Q

[BuffaloJack]

Only a total moron or someone unqualified would call one of the provisions in our Constitution stupid. Any non-citizens don’t even have the right to comment.

[justrepublican]

WELCOME

[Free_SJersey]

I've been quoting this since the election. The Oath doesn't have a time limit, and the Constitution is first. Until I know that 'the One' supports the Constitution AS WRITTEN and not as he wants it, there can be no support from this old dog.

I've had been snail mailing printouts of the Constitution to Federal judges, asking them to read it in case they've forgotten what it says. Now I've started to sent it to member of the Congress with the same request. If it wakes up one of the idiots, it is a step in the right direction.

[Colonial Warrior]

[OneWingedShark]

Quick observation, with double negatives does “Undecidedly unAmerican,” become “Decidedly American”?

[OneWingedShark]

Absolutely right! My enlistment oath honor-binds me to it... and I actually look forward to kicking some “domestic enemy” ass.

Now, I’m not saying that the civil disturbance would be good; just that it would be good to DO SOMETHING with actual, tangible results.

[randita]

If it is proven that Obama is not a natural born citizen, it will be fast tracked to the SCOTUS. It would have to be a 9-0 decision - the Constitution is SO clear cut on this.

Obama would be removed, then Joe Biden would be President, I believe.

[OneWingedShark]

>>There’s blood in the water. Glad to see the Christian Science Monitor cover the story this week.
>
>Another good sign: my Obama loving friend has asked me to stop send her political e-mail.
>PS: she usually initiates the exchange and then when I respond she can’t answer and gets mad.

LOL - That’s like getting upset when you pick a fight with a strong guy and then get upset because you got beat down!

[zarodinu]

Thank you, glad to be here.

[fanfan]

I just can’t imagine why the Kent Law Review decided that “now” would be a good time to change that law. /sarc