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Election 2008 Discuss the upcoming election in 2008.

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Old 10-23-2008, 03:30 AM
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Default Is McCain 'Natural Born'

I got into a conversation on another forum. The question of McCain's 'natural born' status came up. During a search of 'ships of war' in the Laws of Nations, I was startled at what I found.

Everyone knows, or should know that one of the qualifications to be the POTUS is to be 'natural born.'

Quote:
Originally Posted by Article II, Section 1, subsection 5
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.
What exactly is a 'natural born citizen. Well I always presumed it was a citizen born in one of the sovereign states and excluded territories, protectorates and such.

I was actually researching what requirements nations have with respect to 'ships of war' of friendly nations when I ran across this:

Quote:
§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.
Primer.....the laws of nations existed prior to the ratification of the constitution and is in fact what our constitution is based off of. It is NOT the same as 'international law.' Article I Section 8 subsection 10 binds us to the laws of nations. In Chisolm v. Georgia, Jon Jay (our first chief justice) stated that the United States "had, by taking a place among the nations of the earth, become amenable to the laws of nations." The SCOTUS has found time and time again that our government is bound to the LoN. A google seach will provide you with all the disired reading material you may can stomach. However, I find the cases interesting...so I am a geek.

Anyway, in light of this discovery, the LoN is clear. Though 'citizenship' is granted by birthright of the parent to children born in 'foreign countries, born at sea and children born in the armies of the state' they are not considered 'natural born.' They have 'citizenship' but are not 'native.'

Now, what the right winger assert is that federal law states stat "Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States." The law that conferred this status took effect on August 4, 1937, one year after John McCain was born

What am I getting at?

Quote:
Originally Posted by Article I Section 9, subsection 3
No Bill of Attainder or ex post facto Law shall be passed
Look at the dates. This law was passed and it was 'ex post facto.' Furthermore, congress lacks authority to 'redefine' a word. The word 'natural born' was already understood to mean 'native' per the LoN.

Sorry GOP, but your guy isn't qualified to be the POTUS. Is he a citizen? Sure. Is he 'natural born?' I don't think so.
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Old 10-23-2008, 04:14 AM
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McCain isn't natural-born but hey, who is following the Constitution anymore?Not the current corrupt officials.
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Old 10-24-2008, 12:02 PM
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How much you wanna bet there won't be numerous, spammy threads on this factoid from TfaC?
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Old 10-24-2008, 01:44 PM
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BoneDaddy:

Good to give the people involved in the lawsuit related to Obama's birth certificate something to worry about.
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Old 10-24-2008, 01:46 PM
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Originally Posted by Lumara View Post
McCain isn't natural-born but hey, who is following the Constitution anymore?Not the current corrupt officials.
This came up before I need to dig in it more. But any law that can be described within less then 3 pages is probably being interpreted wrongly.
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Old 10-24-2008, 03:54 PM
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Originally Posted by malrenalds View Post
But any law that can be described within less then 3 pages is probably being interpreted wrongly.
I'm going to disagree. Any law that can't be clearly understood, and is so vague it requires more than three pages is a bad law, and probably hides about 94 unrelated riders.
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Old 10-24-2008, 06:16 PM
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This came up before I need to dig in it more. But any law that can be described within less then 3 pages is probably being interpreted wrongly.
Congress lacks authority to 'define' natural born.' That would require an amendment.

After all the research I have done on this subject, I have concluded that due to the fact that at the time of his birth ('47), the US was not in a state of war (i.e. no declaration and therefore overseas troops were not the 'the service of the state') and therefore, he is a birthright citizen and not a natural born (native) citizen.

The Laws of Nations is the codices to look at....not legislation.
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Old 10-24-2008, 07:20 PM
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Meh. If it was up to me (and of course it isn't, so relax), I'd get rid of some of these archaic, artificial niggling points. It's entirely possible that some absolutely amazing, dynamic, historymaking great person is or has been disqualified for high office. Who can say?

Are we still so xenophobic that it still matters so greatly what hunk of dirt you were born on? As long as you are a naturalized, recognizably legal citizen, I can't think of any really relevant reasons why this remains an issue.

History is replete with examples of highly patriotic, loyal Americans who happened not to have been born on US soil. Don't we believe that one's fate should not be determined by accident of birth?

If you can vote, you should be able to run.
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Old 10-25-2008, 11:03 AM
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Quote:
Originally Posted by BoneDaddy View Post
I got into a conversation on another forum. The question of McCain's 'natural born' status came up. During a search of 'ships of war' in the Laws of Nations, I was startled at what I found.

Everyone knows, or should know that one of the qualifications to be the POTUS is to be 'natural born.'



What exactly is a 'natural born citizen. Well I always presumed it was a citizen born in one of the sovereign states and excluded territories, protectorates and such.

I was actually researching what requirements nations have with respect to 'ships of war' of friendly nations when I ran across this:



Primer.....the laws of nations existed prior to the ratification of the constitution and is in fact what our constitution is based off of. It is NOT the same as 'international law.' Article I Section 8 subsection 10 binds us to the laws of nations. In Chisolm v. Georgia, Jon Jay (our first chief justice) stated that the United States "had, by taking a place among the nations of the earth, become amenable to the laws of nations." The SCOTUS has found time and time again that our government is bound to the LoN. A google seach will provide you with all the disired reading material you may can stomach. However, I find the cases interesting...so I am a geek.

Anyway, in light of this discovery, the LoN is clear. Though 'citizenship' is granted by birthright of the parent to children born in 'foreign countries, born at sea and children born in the armies of the state' they are not considered 'natural born.' They have 'citizenship' but are not 'native.'

Now, what the right winger assert is that federal law states stat "Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States." The law that conferred this status took effect on August 4, 1937, one year after John McCain was born

What am I getting at?



Look at the dates. This law was passed and it was 'ex post facto.' Furthermore, congress lacks authority to 'redefine' a word. The word 'natural born' was already understood to mean 'native' per the LoN.

Sorry GOP, but your guy isn't qualified to be the POTUS. Is he a citizen? Sure. Is he 'natural born?' I don't think so.
That particular legislation you cited doesn't say someone like McCain is a natural-born citizen, only that he is a citizen.

Snopes.com, which I consider to be a valid source, has this issue listed as "undetermined": snopes.com: Is John McCain a natural-born citizen of the U.S.?
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Old 10-25-2008, 11:24 AM
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Quote:
Originally Posted by Skerlnik View Post
Meh. If it was up to me (and of course it isn't, so relax), I'd get rid of some of these archaic, artificial niggling points. It's entirely possible that some absolutely amazing, dynamic, historymaking great person is or has been disqualified for high office. Who can say?
That's a good point.

Quote:
Are we still so xenophobic that it still matters so greatly what hunk of dirt you were born on? As long as you are a naturalized, recognizably legal citizen, I can't think of any really relevant reasons why this remains an issue.
Because it's flouting the law. To change it requires a Constitutional Amendment.

Quote:
History is replete with examples of highly patriotic, loyal Americans who happened not to have been born on US soil. Don't we believe that one's fate should not be determined by accident of birth?
Yes, but that's not the point. The point is that the law is being ignored.

Quote:
If you can vote, you should be able to run.
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.
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