post by xpert11
I wouldn't be so sure that McCain birth place was sovereign US soil. For example the Cook Islands have what is termed a free association with New
Zealand but they are not New Zealand sovereign soil. Since the US Constitution was written a few things have cropped up such as what we are now
discussing. Besides McCain eligibility is a Constitutional not a legal issue.
You get an A+
in US Con Law, Mr X11.
Exercising jurisdiction over a particular place does not make that place into another place. Birthers are part of the Palin/Limbaugh Axis of Ignorance
and are hopeless! They take a certain irrational pride in their stubbornness!
The issue of “natural born”
has never come up before at least not to the point where it got into the court system. Only the Supreme Court
can resolve this issue. And the Court does not offer advisory opinions. So, until it happens, there will be disagreements over its application.
The problem is, BIRTHERS cannot distinguish between NATURAL BORN
and ORDINARY or naturalized citizenship.
The problem is made somewhat more complicated because we do have possessions outside the United States we call TERRITORIES. CONGRESS has by law
decreed persons born in those places are citizens of the United States.
As I irreverently recite, “Congress can make you a citizen but only GOD can make you natural born!
TERRITORIES. Puerto Rico is the largest populated territory, with about 3.9 million inhabitants. Also are the District of Columbia; U.S. Virgin
Islands; Guam; American Soma; and the latest, the Commonwealth of the Northern Mariana Islands. Note: The US House of Representatives admits a
from each of the six foregoing, and grants them full power as if a Member, with the exception that their vote cannot be decisive on
any final vote on passage. WOW! PS. By all rights, Puerto Rico should have 6 delegates, not just 1.
HISTORY: The US took possession of both the Panama Canal Zone and Guantanamo Bay (Cuba) in 1903. (In neither case was the power of the negotiating
sides equal. In civil law, such an unequal bargain would be set aside). To be consistent, BIRTHERS would have to claim both the Canal Zone and Git-mo
is actually the "United States!" But followers of the Palin/Limbaugh Axis of Ignorance are noted for NOT being consistent when it confounds their
CONSTITUTION: The US Constitution, Article 1 - the legislative branch - lays out the powers granted to Congress. Section 8, Clause 4, says in part,
[Congress shall have power ] “To establish a uniform rule of naturalization . . “ AND Clause 18, “[Congress shall have power] "To make all laws
which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the
government of the United States, or in any department or officer thereof.”
TWO KINDS (CLASSES) OF CITIZENS. To illustrate that the writers of the US Constitution knew and valued the two ways to be a citizen, let us examine
the requirements for Member of Congress and for the Presidency. Let’s go to Article 1, the legislative branch article. Section 2, Clause 2, “No
person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States .
AND also, for senators, Section 3, Clause 2: “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine
years a citizen of the United States . .
“ Simply put, this means any foreign born person who has been a citizen of the US for the required
number of years can serve in the Congress.
Now, as to who can be president, the writers of the US Con decided ONLY a SPECIAL class of citizens would be eligible to the office. For that, let’s
go to Article 2, the executive branch article, and to Section 1, Clause 4, “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 . . “
Note especially the first seven words. Natural born
means to be born inside the country. And like it or not, Panama is not the United States any
more than Guantanamo Bay is the United States. CONCLUSION. John McCain was NOT eligible to the office of president. Had he have won the election, and
the Supreme Court found him ineligible to the office, then the walking around "I can see Russia" nincompoop Sarah Palin would have been sworn in as
[edit on 7/31/2009 by donwhite]