Posted on 03/22/2010 5:05:06 AM PDT by paythefiddler
this would be a direct way to kill the bill
Is it wrong?
So then just like McCain, if he decides to run for the Presidency he will have to petition the Congress for an SR511, right???
That would be incorrect.
Go croon “Stairwell to Heaven.”
been at least lurking since 2004
ain’t nothing kooky about our constitution
yeah,
your right
requiring him to show his birth certificate is what
caused obama care
So then why did McCain request it??? Is it possible that he wasn't sure that his birth outside the U.S., even though to two U.S. citizens, qualified him as a "natural born citizen"???
Remains to be seen. But if no one tries, they certainly it won't happen.
I don't about so-called 'birthers,' but the resolution utilizes criteria (two citizen parents) that Obama can't meet.
It's author, or sponser at least, was Claire McCaskill, from Missouri. The co-sponsers were Clinton(NY), Leahey (VT), Coburn (OK), Webb(VA) and Obama(IL).
It read in part:
Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country's President;
...
Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone
...
That John Sidney McCain, III, is a `natural born Citizen' under Article II, Section 1, of the Constitution of the United States
That fits right in with Vattel's "Law of Nations" definition.
The natives, or natural-born citizens, are those born in the country, of parents who are citizens.
...
children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.
So, the other FReepers son fits in exactly the same category as McCain, "born in the armies of the state" and "of parents who are citizens".
Now Obama, OTOH, was not born of parents who are citizens, and if born out of the country, it sure as heck was not in the "armies of the state". So regardless of where born, Obama fails, and also regardless of where born, given that it was while their parent(s) was serving in the military, McCain and the other FReeper's son pass on both counts.
Not that I care much for McCain, I certainly did not vote for him in the primary, and was not going to vote for him in the general election, until he picked Sarah Palin. (and until the 'Rats picked Obama, who I had to vote against)
However that "reputed born in the country" does not extend to those made citizens at birth through statute law. Thus even if both parents are citizens, a child born outside the country is not, in general, "natural born", but rather is considered "naturalized". This is because Congress only has power over naturalization, and that analysis has been confirmed by the Supreme Court.
Yes he is, but that alone doe not make him a natural born citizen.
However, since he was born while you were stationed outside the country in the military at the time, he is "reputed born in the country" and is thus a Natural Born Citizen, at least according to Vattel's law of nations.
(Assuming your wife was a citizen as well. Doesn't matter how either of you became a citizen, just that you were. Natural born, 14th amendment, which includes birth or naturalization in the country, or naturalization at birth outside of it).
Going through the naturalization process is not required for "citizen at birth", and under the statutes such are not considered "naturalized". But, and it's a big "but", under the Constitution, or more properly for Constitutional purposes, they must be so considered, since Congress has no other power to make persons citizens than through naturalization. There are other cases where Congress naturalizes people by qualification or group, rather than individually. Such as when they made Puerto Ricans, Hawaians, Guamians and Alaskans, citizens sometime after the US acquired each of those places. Or Texans for that matter, when that fomerly independent Republic became a US state. (Of course many of them were already citizens, having moved to Texas not so very long before statehood, but there were plenty of children, and some adults, who had been born in what became Texas. They would not have been eligible to the office of President, because they were not natural born citizens.
I'll thank you to keep a civil tongue in your head, when addressing me.
I may be an ass at times, but I'm not a DUMB ass. I'm kinda senstitive about that.
Captain, USAFR(ret)
BSEE, MSEE
Also from the Constitution, right before the passage above:
"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States".
If he's not President, then that was not satisfied for anything passed since Jan 20, 2009.
No presentment, no law. (The second "shall" makes it mandatory. Now, they could present the bill again, to Biden, if he was acting as President before a President could be qualified, and sadly he likely would sign it.
LucyT is away... so “Birher” ping!
STE=Q
It shows Dad to be Barack Hussein Obama, therefor Junior is NOT a Natural Born Citizen and is the Resident, not the President.
We need Barry’s original long form birth certificate, proof that he registered for Selective Service and his college records from Occidental.
I think the taxes start this year.
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