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View Diary: The Bombshell on McCain's Birth Certificate (149 comments)

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  •  He's a citizen by virtue of his birth. (1+ / 0-)
    Recommended by:
    leevank

    That makes him a natural-born citizen. Period.

    Denny Crane: But if he supports a law, and then agrees to let it lapse ... then that would make him ...

    Shirley Schmidt: A Democrat.

    by Jyrinx on Thu Jun 12, 2008 at 03:04:24 PM PDT

    [ Parent ]

    •  Gee, the folks at Senate.gov don't agree (0+ / 0-)

      at least, not with your 'period'.

      This clause requires that in order to take the oath of office a president must be 35, a resident within the United States for 14 years, and a natural-born citizen. This last requirement raises the question of whether someone born to American parents outside of the United States would be eligible to hold the office.

      You kids behave or I'm turning this universe around RIGHT NOW! - god

      by Clem Yeobright on Thu Jun 12, 2008 at 03:15:08 PM PDT

      [ Parent ]

      •  Sure, it "raised the question" (2+ / 0-)
        Recommended by:
        Clem Yeobright, Cassandra Waites

        and that question has been thoroughly swatted down in the meantime.

        I'm really not sure every blurb on the senate.gov site is exactly on the bleeding edge of legal jurisprudence.

        Besides, how does "natural-born citizen" require geographical location to figure into it? He is a citizen because of the circumstances of his birth. Why on Earth would a judge rule otherwise? Just because it isn't actually settled case law doesn't mean there's any doubt about what the outcome would be.

        Denny Crane: But if he supports a law, and then agrees to let it lapse ... then that would make him ...

        Shirley Schmidt: A Democrat.

        by Jyrinx on Thu Jun 12, 2008 at 03:19:08 PM PDT

        [ Parent ]

      •  Natural-born citizen: (3+ / 0-)
        Recommended by:
        cosette, Clem Yeobright, Jyrinx

        From: U.S. Constitution Online:

        Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

        The 14th Amendment defines citizenship this way: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

        Currently, Title 8 of the U.S. Code fills in those gaps. Section 1401 defines the following as people who are "citizens of the United States at birth:"

           * Anyone born inside the United States
           * Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
           * Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
           * Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national
           * Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
           * Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
           * Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)
           * A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

        Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

        "Honey, if men could get pregnant, abortion would be a sacrament" elderly Irish female taxi driver

        by denig on Thu Jun 12, 2008 at 03:31:09 PM PDT

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        •  Made ya look! LOL (1+ / 0-)
          Recommended by:
          denig

          I'm sure that anyone who carries a US passport and has not gone through the naturalization process will both by law and by general agreement be deemed eligible to run for and serve as President. It just makes sense.

          And as long as Ah-nold is excluded, I am content ...

          Peace!

          You kids behave or I'm turning this universe around RIGHT NOW! - god

          by Clem Yeobright on Thu Jun 12, 2008 at 03:49:07 PM PDT

          [ Parent ]

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