Posted on 12/06/2008 4:18:27 PM PST by Deepest End
Essence of the case
By this case, Barack Obama, John McCain, and Roger Calero (of the Socialist Workers Party, on the New Jersey ballot) do not qualify as "natural born Citizens" under Article 2, Section 1, Clause 5 of the Constitution, which states the following:
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.
(Excerpt) Read more at renewamerica.us ...
According to the Donofrio case, Bobby is NOT a “natural born citizen” by Donofrio’s definition.
Perhaps that's why Bobby showed no interest in running w McCain and why McCain never vetted Bobby.
I'm interested in any comments.
fightinJAG,
Would really like your take on this:
Based on http://en.wikipedia.org/wiki/Bobby_Jindal
Bobby was born in Baton Rouge to Punjabi Indian immigrants Amar and Raj Jindal, who had recently arrived for Raj to attend graduate school at Louisiana State University.[1] His mother Amar left India and his ancestral family village of Khanpura in 1970.
According to the Donofrio case, Bobby is NOT a “natural born citizen” by Donofrio’s definition.
Perhaps that’s why Bobby showed no interest in running w McCain and why McCain never vetted Bobby.
Were Jindal’s parents naturalized (by any method or construction of the law) at the time of his birth?
If not, under the argument we are advancing here, he would not be a natural born citizen. His citizenship would have been attained by what I am calling “automatic naturalization at birth” (based upon our law deeming those born in the U.S. as U.S. citizens). He would be a first-, not second-generation American. It appears that the framers were attempting to limit the presidency to those who were at least second-generation Americans.
If Jindal’s parents were Americans at the time of his birth, then he received his citizenship by descent (by nature) and, therefore, he would be eligible.
Yes, that sort of stinks. But, unlike the Left, I would like to see the rule clarified and the Constitution vindicated no matter the result for “our” side.
That said, if by some chance the Supremes were to rule in such a way that Obama was found ineligible, you would see a mad scratch by the Congress to try to “fix” the Constitution. Whether there would be room for them to “interpret” the constitutional provision and enact “definitions” depend on what gambit they chose.
Finally, I caution that I have been making arguments here, just as Donofrio is; however, really, anything could happen if this matter were taken under review.
More musings, fwiw, on Jindal here:
http://www.freerepublic.com/focus/bloggers/2144293/posts?page=138#138
AFAIK that would not be possible as they just moved to the US within a year before he was born.
I love Jindal. I voted for him for Congress and for Governor. But based on my current understanding of Donofrio he is not eligible to be POTUS.
The Conservative movement should get this matter cleared up ASAP so we can avoid wasting energy promoting someone who may not even be eligible.
I may start a thread....
I’d suggest waiting on that thread until after we see what, if anything, the Supremes do with the present question.
That will give us a better idea what action to take next.
As I understand it, Jindal is ineligible to be president.
So is Mitt Romney.
So is John McCain.
Getting an idea of why the blackout among "conservatives" in the media and the GOP?
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