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AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE
Kent Law Review ^ | 2/22/2006 | Sarah P. Herlihy

Posted on 11/28/2008 2:40:28 PM PST by 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The natural born citizen clause of the United States Constitution should be repealed for numerous reasons.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.

(Excerpt) Read more at lawreview.kentlaw.edu ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: amnesty; birthcertificate; certifigate; constitution; globalization; herlihy; nau; obama; obamatransitionfile; obamatruthfile; obl; president
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To: OneWingedShark

On the 5th, she sent out about 10 pro-Obama cartoons, mostly glorifying the guy. I fired back with two by Michael Ramirez. Then she said, no more.


61 posted on 11/28/2008 4:08:18 PM PST by nufsed
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To: cripplecreek
Zero gets himself elected. (done) After taking office it’s proven that he’s ineligible to hold that office leading to a major fight in congress. The democrats refuse to remove him but fail to get a constitutional convention. then the military come in and kick his ass out, along with EVERYONE who did not ACTIVELY oppose him or allowed him to stay in power; declaring martial law until the traitors are executed, and then returning government to it's proper running.

There it's fixed!

62 posted on 11/28/2008 4:10:20 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: nufsed

” On the 5th, she sent out about 10 pro-Obama cartoons, mostly glorifying the guy. I fired back with two by Michael Ramirez. Then she said, no more.”

In case you run out and need a joke here’s a good one:

Barrack Obama, Michelle Obama and Oprah Winfrey were flying on Obama’s private plane.

Obama looked at Oprah, chuckled and said, ‘You know, I could throw a $ 1,000 bill out of the window right now and make somebody very happy.

Oprah shrugged her shoulders and replied, ‘I could throw ten $100 bills out of the window and make ten people very happy.

Michelle added, ‘That being the case, I could throw one hundred $10 bills out of the window and make a hundred people very happy.

Hearing their exchange, the pilot rolled his eyes and said to his co-pilot, ‘Such big-shots back there.

I could throw all of their asses out of the window and make 56 million people very happy.


63 posted on 11/28/2008 4:12:04 PM PST by patriotspride
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To: patriotspride

nufsed


64 posted on 11/28/2008 4:13:12 PM PST by nufsed
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To: SatinDoll

Just as crazy as Ruth Bader Ginsburg and her calls for ‘’international perspectives’’ as it pertains to The Supreme Court. I’ll tell ya what, let me be the King of Spain and I’ll consider supporting an amendment change.


65 posted on 11/28/2008 4:27:56 PM PST by Longtom
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To: Mancolicani
Up until a few years ago I've never ever heard of the Founding Fathers referred to as the Framers or the Founders. I know it is an accurate description. BUT are we getting afraid to call them the Founding Fathers of our country. There are no women signatures on the Declaration of Independence. It sounds to me like liberal labels are infiltrating Historical References.
66 posted on 11/28/2008 4:28:56 PM PST by SWUF2008
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To: SatinDoll

Just as crazy as Ruth Bader Ginsburg and her calls for ‘’international perspectives’’ as it pertains to The Supreme Court. I’ll tell ya what, let me be the King of Spain and I’ll consider supporting an amendment change.


67 posted on 11/28/2008 4:28:59 PM PST by Longtom
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To: SatinDoll

Just as crazy as Ruth Bader Ginsburg and her calls for ‘’international perspectives’’ as it pertains to The Supreme Court. I’ll tell ya what, let me be the King of Spain and I’ll consider supporting an amendment change.


68 posted on 11/28/2008 4:29:21 PM PST by Longtom
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To: Migraine

Im not a lawyer. What do those terms mean?


69 posted on 11/28/2008 4:38:16 PM PST by murron (Proud Marine Mom)
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To: SatinDoll
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.

They cannot see a connection between birthplace and loyalty, because they cannot see the difference between your own country and the rest of the world.

70 posted on 11/28/2008 4:40:16 PM PST by Age of Reason
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To: SatinDoll
This is in a laws review? And the writer refers to "repealing" a provision in the Constitution? The only legitimate way of altering the Constitution is by amendment. It's provided for in Article V.

Then there is the point that it is none of any other nation's or citizen's business what the provisions of our Constitution are.

But then, we already knew the nation's law schools were turning out constitutional illiterates. Sad.

Congressman Billybob

Latest article, "The Barack Obama - King George Connection"

The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.

71 posted on 11/28/2008 4:41:30 PM PST by Congressman Billybob (Larest book: www.AmericasOwnersManual.com)
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To: murron
Im not a lawyer. What do those terms mean?

Ex post facto means after the fact. It is in the Constitution to prevent the passage of laws that make a status OK when it wasn't at the moment of truth (but I think it was especially intended to prevent the gov't from criminalizing after the fact something that was legal at the time -- but the principle applies either way).

The Bill of Attainder provision is to prohibit the govt from making a law the intent of which is obviously specifically address one particular individual's situation.

Any attempt to address the natural born citizen provision at this particular time would be arguably over the line on both provisions.

But then, the Constitution means nothing to liberals (unless they can find a clause that advances THEIR pet causes).

72 posted on 11/28/2008 4:53:12 PM PST by Migraine (Diversity is great... ...until it happens to YOU.)
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To: SatinDoll
Maybe they should tell it to Mexico. THAT is a constitution that discriminates against naturalized citizens, natural born Mexican Nationals, and Mexican citizens!

Chapter II

Of Mexicans

Article 30 - Mexican nationality is acquired by birth or by naturalization.
...
In time of peace, no foreigner may serve in the Army, or in police or public security forces. To belong actively to the Army in time of peace, or to the National Navy or the Air Force at any moment, and discharge any duty or commission in them, one is required to be Mexican by birth. The same quality is indispensable for captains, pilots, owners, machinists, mechanics, and in general for all personnel who staff any ship or aircraft that carries the Mexican flag or merchant insignia. Also, Mexican citizenship by birth is necessary to exercise the responsibilities of port captain, and all the services of director of an airport.

Mexicans will be preferred to foreigners in equality of circumstances, for all classes of concessions and all employment, duties, or commissions of government for which the quality of citizenship is not indispensable.
...
Article 34 - Citizens of the Republic are those men and women, who having the quality of Mexican nationality, have the following requisites besides:

I. Have attained the age of eighteen years;

II. Have an honest way of living.

One may be Mexican by birth, but that doesn't guarantee that one is also a Mexican citizen. There is a constitutional distinction between "nationality" and "citizenship"; and minors are not citizens; neither are the "dishonest". And, a Naturalized Mexican may be a national, but still isn't necessarily a citizen; and even if a citizen, still is barred from many positions, in some cases so are their children, even if they are citizens, though THEIR children can attain full status.

Why is it always America & our Constitution that is nit picked and called 'discriminatory' and 'out dated' and 'out of step'?

73 posted on 11/28/2008 4:57:48 PM PST by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: cripplecreek

Your scenario takes too long. By that time, I’ll be too old to effectively man the barricades, or shoot decently any more.


74 posted on 11/28/2008 5:03:07 PM PST by ApplegateRanch (The mob got President Barabbas; America got shafted)
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To: SatinDoll

saved


75 posted on 11/28/2008 5:14:24 PM PST by gunnyg
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To: SatinDoll
"Although some of the reasons for maintaining the natural born citizen requirement are rational, many of the reasons are based primarily on emotion. Therefore, although globalization is one impetus that should drive Americans to rely on reason and amend the Constitution, this paper argues that common perceptions about globalization ironically will convince Americans to rely on emotion and oppose a Constitutional amendment."

Although I have downloaded the PDF for reading and comments later, this paragraph tells me a lot about what to expect, and it provokes two immediate comments which certainly apply regardless of the "arguments."

The U.S. Constitution was not thrown together haphazardly by a bunch of nincompoops on the spur of the moment, it was 15 years in the making. The Federalist papers is a testament to the discussions, debates and compromises involved in the creation.

What registers immediately with this article is that anyone can say anything on any subject, and usually do, including "Constitutional scholars." Psychological pathologies exist in all professions and this area is certainly no exception. The mere language in which the criticisms are couched reveal the puerile nature of the minds behind them, regardless of the "erudition" behind the "scholar."

Finally, the fractionalized nature of our country in the last 40 years is a perversion of the principles that created our country, and the shaky state of the unanimous love of liberty and achievement that created this country is almost gone. This country is infinitely worse than it was 40 years ago.

The "Globalized" world is a whole other monster. Any illusions about "getting" there in the next few generations (if ever) is delusional beyond words.

Just look around at the sad state of mindless violence, provincialism, resurgence of tribal values prevalent in the world today, and it's a laughable delusion.

The odds of a Constitutional amendment to remove the native-born requirement can only result in a seriously hostile civil war. Let the progressives chew on that!

Of course, if fascism is embraced, it's a whole new ball game, but the very idiots embracing this article would be the first to go. Certainly, they had best not assume that they would be in charge. Fat chance!

76 posted on 11/28/2008 5:18:59 PM PST by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: randita

The Donofrio case is looking pretty solid at this point. If you want to have any “credibility” yourself, I would suggest that you read the article at http://federalistblog.us/2008/11/natural-born_citizen_defined.html

This article points out that John A. Bingham, the Framer of the 14th Amendment, defined natural born citizen as follows: “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.”

Obama, whose father was a British subject, had dual nationalities at birth, and thus would not be considered a natural born citizen.

The definition above is only Bingham’s opinion, but it is certainly on point. There is not a clear definition of natural born citizen in the Constitution, so the issue is “ripe” for consideration by SCOTUS. I would not be surprised if four of the justices (during the conference on December 5th) vote to give Donofrio’s case a full hearing by all nine Supreme Court Justices.

If Obama’s ineligible BEFORE the Electoral College meet on Dec. 15 to vote, then Biden is automatically ineligible too, as he would be part of the fraudulent Democrat ticket.

But McCain wasn’t natural born either. He is a citizen by statute, as his parents were both citizens but he was born in Colon, Republic of Panama, which is not a part of the U.S. nor a U.S. territory.


77 posted on 11/28/2008 5:20:24 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: Mancolicani

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.
..........
Obama went to pakistan in 1982 while in college. At the time you couldn’t get into Pakistan on an American passport. So likely he carried either a Kenyan or an Indonesian passport. The reason he won’t show his school records from either Harvard or Columia is that they likely list his dual nationalities. Since he was recommended to Harvard by a highly placed Saudi—likely his records at Harvard list him as a Moslem.


78 posted on 11/28/2008 5:22:08 PM PST by ckilmer (Phi)
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To: OneWingedShark
I know. The grammar is very poor, and this person is a lawyer writing in a law review!
79 posted on 11/28/2008 5:25:01 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: blueyon
You know if Obama was found OUT to not be a natural born citizen, congress will changes the rules.if it serves thier cause ..

They better heavily arm and barricade the Capitol before they try that.

Congress has no more right to unilaterally erase an article of the Constitution than the Supreme Court does!

80 posted on 11/28/2008 5:25:47 PM PST by Publius6961 (Change is not a plan; Hope is not a strategy.)
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