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Election 2008 Discuss the upcoming election in 2008.

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  #11 (permalink)  
Old 10-25-2008, 02:35 PM
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Originally Posted by Lumara View Post
Because it's flouting the law. To change it requires a Constitutional Amendment.

Yes, but that's not the point. The point is that the law is being ignored.

If so, then the Constitution should be amended to reflect that.

Why is is that regular citizens have to obey laws and elected officials don't? That is wrong. Laws should apply to everyone.
I agree. When a law is stupid and outdated, we need to get rid of it, instead of mindlessly adhering to it. We forget that the C is supposed to work for us.

Personally, I think the Amendment thing is fine, however, it really makes things clunky. When we amend our Zoning Code, for example, we do a complete re-write of entire chapters and replace them. We don't leave the old legacy stuff in, and then say oh by the way, here's forty pages at the end that invalidates what you just read.

Maybe it's just my desire to have a clean, elegant document that's internally consistent, without a string of tack-ons that are longet then the original.

Amendment 18 is still in the there, while 21 repeals it. I demand better editing!! Just look at that goofy-arsed capitalization!
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  #12 (permalink)  
Old 10-27-2008, 10:58 AM
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Originally Posted by Skerlnik View Post
I agree. When a law is stupid and outdated, we need to get rid of it, instead of mindlessly adhering to it. We forget that the C is supposed to work for us.
So having a president and CiC with dual citizenship and loyalties is 'stupid and outdated?' I disagree.
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Old 10-27-2008, 04:55 PM
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Actually, there was already a lawsuit on the matter of McCain's lack of natural born citizen status. It was similar to the one regarding Obama, and was dismissed by the circuit court for lack of standing and failure to state a legal cause of action for which the court could grant relief.

http://moritzlaw.osu.edu/electionlaw...er-7-24-08.pdf

There was another one against McCain in California but that was withdrawn by the plaintiff before it got to a decision.
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Old 10-27-2008, 05:42 PM
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Originally Posted by BoneDaddy View Post
So having a president and CiC with dual citizenship and loyalties is 'stupid and outdated?' I disagree.
Maintaining active dual citizenship is a bit different than excluding someone for having been born on a transatlantic flight or something.

Some would argue that immigrants can become even more fanatically loyal than native borns.

Anyway, all the squabbling over both these candidates sounds like the last refuges of scoundrels and sour grapes. I'm pretty sure somebody checks this stuff when candidacies are announced.
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Old 10-27-2008, 09:11 PM
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Originally Posted by Michael View Post
BoneDaddy:

Good to give the people involved in the lawsuit related to Obama's birth certificate something to worry about.
I doubt it very much. The lawsuit will bear fruit soon enough. This is an old smear topic, and even the pro Obama website "FactCheck" answered the question earlier this year. McCain IS a natural born citizen.
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Q: How can Panamanian-born McCain be elected president?
I understand John McCain was born in Panama. Doesn’t that make him ineligible to be president? I thought the Constitution said you had to have been born in a state.

A: Though born abroad, he is considered a natural-born U.S. citizen.
John McCain's father was an admiral in the U.S. Navy who was stationed in Panama in 1936, when McCain was born. This has led to speculation as to whether McCain is a U.S. citizen and whether he can be elected president, a question that was raised during McCain's run for the Republican nomination in 2000 as well.

Section 1, Article II of the U.S. Constitution states:

Article II: “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.”

But McCain is a natural-born citizen, even though he was not born within this country's borders, since his parents were citizens at the time of his birth. As a congressional act stated in 1790:

Congress: "And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens."

Another congressional act in 1795 issued a similar assurance, though it changed the language from "natural born citizen" to "citizen."

But the State Department clarifies the issue, saying that the 1790 language is honored under section 301(c) of the Immigration and Nationality Act.

This is not the first time the question has been broached in a presidential election. Fellow Arizonian Barry Goldwater was born in the Arizona territory before it was a state. And Mitt Romney's father, George, ran for president in 1968, though he was born in Mexico. Like McCain, both were born to U.S. citizens and, therefore, considered to be American citizens.

However, both of those candidates were unsuccessful in their bids – and so a smidgen of uncertainty remains. If McCain wins the presidency, the constitutionality of these congressional statutes could be challenged in the courts. Members of Congress have expressed this fear and proposed a more explicit law, or even a Constitutional amendment. Neither has been adopted.

-Justin Bank

FactCheck.org: How can Panamanian-born McCain be elected president?
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Old 10-27-2008, 09:25 PM
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If McCain wins the election and the constitutionality of his eligbility is challenged and he loses, does that mean that Palin is president? Likewise if it is found out that Obama faked his birth certificate then does the win go to Biden? Or would it go to the runner up?
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Old 10-28-2008, 10:32 AM
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Quote:
Originally Posted by Chosen1
But McCain is a natural-born citizen, even though he was not born within this country's borders, since his parents were citizens at the time of his birth. As a congressional act stated in 1790:

Congress: "And the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens."
Therein lies the problem. Congress has no authority to 'define' the term 'natural born' just as they lack the authority to define 'the people.' The Laws of Nations applies.
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Old 10-28-2008, 01:06 PM
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Originally Posted by BoneDaddy View Post
Therein lies the problem. Congress has no authority to 'define' the term 'natural born' just as they lack the authority to define 'the people.' The Laws of Nations applies.
What do you believe the founding fathers meant by "We the People"??
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Old 10-29-2008, 11:00 AM
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What do you believe the founding fathers meant by "We the People"??
Exactly what it says......and.....congress cannot change what it means.

BTW, I am reading this book now and recommend it.



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The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! - Frederick Bastiat

Last edited by BoneDaddy : 10-29-2008 at 11:13 AM.
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