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To: David
I have argued Appellate cases; I know the DC Constitutional Law Bar...
A simple question answerable with a simple yes or no answer...

If a person has a British Father and an American Mother is that person a natural born Citizen and qualified to run for POTUS?

91 posted on 03/03/2010 7:24:05 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36; LucyT
If a person has a British Father and an American Mother is that person a natural born Citizen and qualified to run for POTUS?

Well, as Slick Bill pointed out, "is" is an ambigous word.

In the context of a real judicial determination, is or isn't is what the Court determines.

As an abstract proposition there is a fine argument based on historical common law as summarized by the authors that one of the principal elements of Natural Born status is an established family position in the country. If that question had reached the court in the 1800's, likely the court would have held that your hypothetical probably didn't result in a natural born citizen.

However the political context has changed. There is a developing strong consensus that the Natural Born citizenship requirement is outdated; should be interpreted narrowly; should not mean anything anyway; and should be ignored. We are all citizens of a New World Order.

Many of even our conservative judges share that view.

The technical context of the answer today is also different--the function of the 14th Amendment in effective shifted the entire Constitutional framework of citizenship to "born in America" and has repudiated the historical characteristics of the naturn born requirements.

For that reason, I would predict, and I think most of the Constitutional Law bar would predict, that if you had your facts with respect to a person who was born in the US, there is little doubt that the Court would hold the person a natural born citizen for purposes of the Constitutional requirement.

92 posted on 03/03/2010 1:05:19 PM PST by David (...)
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To: philman_36; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
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. . . . SP alert.

Check out #'s 91, 92, 93.

[Thanks David and philman_36.]

94 posted on 03/03/2010 4:17:55 PM PST by LucyT
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