As for the lawmakers on Capitol Hill, are you kidding me? I wouldn't give you two cents for the lot of 'em. You'd think their only job was to keep the Government Printing Office in business, printing fatter and fatter budgets and fatter and fatter tax codes. Avoiding the issue.
First, it was just a simple resolution, which had absolutely no force of law. Second, did you ever actually read it? You'd think they had never even heard of the Fourteenth Amendment. They weaseled around it just like you have weaseled around your claim that the US military was some sort of extra-constitutional entity, operating wholly outside the Constitution itself.
First of all, they assert that there really is no need to have the force of law in the first place. Secondly, they have read the Fourteenth Amendment.
I never claimed that the military operated outside of the Constitution; just that the Constitution recognized two different jurisdictions, procedures and exemptions for civilians and the military. McCain's father remained under the direct jurisdiction of the U.S. due to his status as a military officer.
For starters, what exactly is wrong about Tribe and Olson's arguments...? Please be specific.
First of all, they assert that there really is no need to have the force of law in the first place.
Well, in spite of all the jokes about McCain's age, he WAS born after the ratification of the Fourteenth Amendment, which is what covers citizenship of the United States. If you're not a US citizen under the Fourteenth Amendment, you're simply not a US citizen.
I never claimed that the military operated outside of the Constitution; just that the Constitution recognized two different jurisdictions, procedures and exemptions for civilians and the military.
Let's have Sherman turn the Wayback Machine to your statement which started this whole issue and before you started weaseling all over the place:
When both parents are U.S. citizens, and one is active duty personnel, and the spouse is a military dependent, then the UCMJ considers their child to be a natural born citizen regardless of where the birth takes place.
I replied, asking you how it was that the UCMJ trumped the Constitution.
This was your response:
Because the military operates under its own official jurisdiction via the UCMJ.
So there you have it.
I asked you how the UCMJ trumped the Constitution, and you said because the military operates under its own official jurisdiction under the UCMJ.
Now tell me, how can the UCMJ trump the Constitution unless it were wholly separate from the Constitution?
Here's the bottom line. You started out making the incredibly ignorant claim that the UCMJ considers children born to active duty personnel to be "natural born citizens" regardless of where they are born, in spite of the fact that the UCMJ says absolutely nothing at all regarding citizenship, natural born or otherwise.
When I asked you how the UCMJ trumped the Constitution, you compounded your original ignorant claim with yet another ignorant claim, that the military via the UCMJ operates outside the Constitution.
And you've been trying to weasel out of it ever since.
McCain's father remained under the direct jurisdiction of the U.S. due to his status as a military officer.
And again, you apparently can't comprehend simple English. Whatever "jurisdiction" regarding McCain's father is irrelevant to McCain himself. That's because the Fourteenth Amendment speaks of the PERSON BORN, not their parents.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside...
Where do you see anything in there about parents? Just quote the exact words that you're reading and interpreting to mean the parents of the person born. Otherwise, your yammering on about McCain's father is irrelevant.