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Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for election to the office of President or Vice President. This requirement was an attempt to allay concerns that foreign aristocrats might immigrate to the new nation and use their wealth and influence to impose a monarchy.
The Constitution does not explain the meaning of "natural born". On June 18, 1787, Alexander Hamilton submitted to the Convention a sketch of a plan of government. Article IX, section 1 of Hamilton's plan provided:
No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.
On July 25, 1787, John Jay wrote to George Washington, presiding officer of the Convention:
Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen.
as it shows one more step toward small town governments trying to rise above the law.
James Madison, "the father of the Constitution," explained it this way: "The powers delegated.to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce..The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people."1 And Thomas Jefferson emphasized that the states are not "subordinate" to the national government, but rather the two are "coordinate departments of one simple and integral whole..The one is the domestic, the other the foreign branch of the same government."2
Since governments tend to overstep the bounds of their authority, the founders knew it would be difficult to maintain a balanced federalism. In fact, that was one of the central issues raised by the state ratifying conventions as they met to decide whether to approve the new Constitution. Responding to this concern, Alexander Hamilton expressed his hope that "the people.will always take care to preserve the constitutional equilibrium between the general and the state governments."3 He believed that "this balance between the national and state governments.forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them."4
However, the opponents of the Constitution strongly feared that the states would eventually become subservient to the central government. Madison acknowledged that this danger existed, but he predicted that the states would band together to combat it. "Plans of resistance would be concerted," he said. "One spirit would animate and conduct the whole. The same combinations.would result from an apprehension of.federal [domination] as was produced by the dread of a foreign yoke; and.the same appeal to a trial of force would be made in the one case as was made in the other."5
RE: Georgia Presidential Preference Primary Hearings
Dear Mr. Jablonski:I received your letter expressing your concerns with the manner in which the Office of StateAdministrative Hearings ("OSAH") has handled the candidate challenges involving your client andadvising me that you and your client will "suspend" participation in the administrative proceeding. WhileI regret that you do not feel that the proceedings are appropriate, my referral of this matter to anadministrative law judge at OSAH was in keeping with Georgia law, and specifically O.C.G.A. § 21-2-5.As you are aware, OSAH Rule 616-1-2-.17 cited in your letter only applies to parties to a hearing. As thereferring agency, the Secretary of State's Office is not a party to the candidate challenge hearingsscheduled for tomorrow. To the extent a request to withdraw the case referral is procedurally available, Ido not believe such a request would be judicious given the hearing is set for tomorrow morning.In following the procedures set forth in the Georgia Election Code, I expect the administrative law judgeto report his findings to me after his full consideration of the evidence and law. Upon receipt of thereport, I will fully and fairly review the entire record and initial decision of the administrative law judge.Anything you and your client place in the record in response to the challenge will be beneficial to myreview of the initial decision; however, if you and your client choose to suspend your participation in theOSAH proceedings, please understand that you do so at your own peril.I certainly appreciate you contacting me about your concerns, and thank you for your attention to thismatter.Sincerely,Brian P. Kempcc: Hon. Michael Malihi (c/o Kim Beal - firstname.lastname@example.org)Van Irion, Esq. (email@example.com)
Originally posted by macman
reply to post by GeorgiaGirl
I am loving all the foot stomping and tantrums this is providing.
Originally posted by captainnotsoobvious
reply to post by bphi1908
I don't think the Federal Government doesn't try try to grab power. Same as the states try and wrest it away. My point, which I assume you've chosen to ignore, as it suits your ideology, is that the 10th Amendment restates the obvious. The power the Federal government has is limited by the US Constitution. The 10th Amendment didn't in anyway create new specific limits. It simply said, "what's in the constitution is what you got, outside of that, we got it".
The Supreme Court is the final say in all of this (unless you're talking other Constitutional amendments) and they has defined and redefined what rights belong to who.
Originally posted by SkyMuerte
Quick apology for the regional slur, I had some backwoods Georgia cops turn some dogs loose on me while I was camping in the woods during a cross country bicycle ride. Turns out the local hospital knew they did this kind of thing for fun. I barely escaped with my life and took dozens of stitches getting fixed up. The hospital staff smuggled me out of town and paid for a three week stay at a KOA so that I could heal. Lucky for me I got away. That being said I have no love of the South.
Back to the Obama thing.
It amazes me just how badly people want this man gone. Would you have preferred a senile war monger and Sarah Palin?
When will people realized that the freaking President is not the real power in Government?
When will people realize that the next President will be just as bad as the last President?
The entire Presidential Election process is a fraud, the Electoral College is a Fraud. The popular vote means nothing, never has and never will.
If you can keep people in-fighting they will never turn against their real enemies. Obamas race and eligibility may have been a well planned move designed to keep the Tea Party types fighting the Hippie types. To put an even larger wedge between the Democrats and the Republicans.
If we are all fighting each other over Obama we will never unite against the real evil doers. Do not think for one minute that this was not designed by the people really running the show........
Now go back to spending your energy trying to prove Obama was not eligible. It is three years late for that and a bit too late to do squat about it. Even if true it and it prevented him from being re-elected but it would not change a damn thing.
The Fed will continue to run the Country the Giant Corporations will continue to make the rules. None of those rules are designed to benefit the middle class.
You want to find the real Usurper don't look to Obama as you are being led to think the President is running the show. If you truly believe that Obama is solely to blame for the mess we are in right now as a Nation, I pity your ignorance.edit on 26-1-2012 by SkyMuerte because: speeeeling