reply to post by redhatty
I agree with
BH. The poster makes certain interpretations to reach the
conclusion he or she wants, which frankly, seems to be trying to assert John McCain’s eligibility without explicitly saying so.
But, if one were to make the strict interpretation the poster made, and following the same line of reasoning and logic, then McCain wouldn't be
eligible either: “
All persons born or naturalized in the United States”.
From that strict interpretation, McCain wasn’t born
in the US, nor was he naturalized
in the US. Therefor, the 14th Amendment
wouldn’t even contemplate McCain’s situation.
Which incidentally is what Donofrio claims:
John McCain was neither born on United States soil, nor was he naturalized. He is a citizen at birth by statute. (...)
McCain is none of the above. He wasn't born on United States soil and he wasn't naturalized in the United States. Instead, McCain may claim
citizenship from 8 USC 1403(a) (source)
While I agree with Donofrio’s conclusion that McCain is US citizen by statute, I disagree with him when he says that McCain’s situation doesn’t
fall under the category of “... naturalized in the United States”. I cannot make that strict interpretation.
I also disagree with Donofrio on the point that McCain was a “
US citizen at birth by statute”. Donofrio rightly, in my opinion,
points out that McCain “
my claim citizenship from 8 USC 1403(a)”, but that addition to US Code was made by the Immigration and Nationality
Act of
1952, 16 years
after McCain was born.
Donofrio concludes McCain is a citizen by statute. He cites the statute that naturalized McCain (8 USC 1403(a)). How, then, he reaches the conclusion
that McCain was US citizen at birth, if the statute that naturalizes McCain, was introduced 16 years
after McCain’s birth?
Just out of curiosity, redhatty, you quoted the whole text of the poster? I’m just asking because if some context was left out, I might be judging
the poster for something he didn’t mean.
edit: added reference to what post I was replying to.
edit: as redhatty pointed out
here, 8 USC 1403(a) is retroactive to
February 26 1904, disproving my opinion that McCain wasn’t a US citizen at birth.
[edit on 5-12-2008 by danx]