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On the trail in Wyoming, May 2008

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Let’s Get This Straight

Thu   28 Feb 2008   12:56

by McGehee
42° and sunny
in Coweta County, GA

4 comments

[Courting Disaster]
[Get Offa My Lawn!]
[Here's Your Sign]

First it was the ridiculous idea that Bill Clinton could become Hillary’s vice-president (in the increasingly unlikely event that she could become president). Now this:

The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming.

Mr. McCain’s likely nomination as the Republican candidate for president and the happenstance of his birth in the Panama Canal Zone in 1936 are reviving a musty debate that has surfaced periodically since the founders first set quill to parchment and declared that only a “natural-born citizen” can hold the nation’s highest office.

Almost since those words were written in 1787 with scant explanation, their precise meaning has been the stuff of confusion, law school review articles, whisper campaigns and civics class debates over whether only those delivered on American soil can be truly natural born. To date, no American to take the presidential oath has had an official birthplace outside the 50 states.

“There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,” said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. “It is not a slam-dunk situation.”

» McCain’s Canal Zone Birth Prompts Queries About Whether That Rules Him Out

There is nothing in Article II of the Constitution that requires a presidential candidate born after the formation of this country, to have been born within the national boundaries of the United States. The qualifications are as follows: at least 35 years of age, a natural born citizen of the U.S., and resident within the U.S. for no less than 14 years.

...to me, a simple layman who has a passing understanding of the English language, the interpretation is simple: if you were a U.S. Citizen at the moment of your birth, either through your presence within the United States or by dint of having at least one American parent, you are a “natural born citizen.” If you had to petition to become a citizen, you are a “naturalized citizen.” To my mind, the universe of citizens is broken in to two parts: natural born and naturalized.

» Natural born citizen

Exactly.

I never wanted John McCain to be president. I don’t want him to receive my party’s nomination at the convention later this year. But as far as the U.S. Constitution is concerned the only concern with McCain is his demonstrated lack of respect for the First Amendment (McCain-Feingold).

But there isn’t even anything in the Constitution that says a candidate who has written unconstitutional legislation is ineligible to be president. John McCain is therefore eligible.

The question of whether he should be elected is entirely a political matter. As it should be.

 

MC said:

Amazing what folks will stoop to. Brain donors indeed.

Good to find you again sir - I gotta fix up my site ref that’s still pointing to Yippee-Ki-Yay.

» Thu   28 Feb 2008   23:03

epador said:

Well its obvious from my accent that I was born in England, but it was on a USAF base.  Meybe Obama will pick me for a VP slot?  I know I’m too conservative for JM.

» Sat   1 Mar 2008   13:03

cranky-d said:

If we had a an election requirement that none of them either drafted or voted upon legislation that violated the constitution (and their oath of office) then we would have a lot few congresscritters and senators in office.

Which would probably be a good thing.

» Mon   3 Mar 2008   19:35

McGehee said:

we would have a lot few congresscritters and senators in office.

And damn near zero Democrats.

» Mon   3 Mar 2008   22:04


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