McCain not eligible for President?

[Garfield1966]

I doubt this requires an exemption per ce. I doubt the writers of the title 8 meant to exclude US citizens born to US citizens serving in the US military from running for the POTUS.

People are making a mountain out of a mole hill that should have never been there in the first place.

 

[Gilding the Lily]

I doubt this requires an exemption per ce. I doubt the writers of the title 8 meant to exclude US citizens born to US citizens serving in the US military from running for the POTUS.

Yeah. I think that, essentially, is the best argument and what ultimately will be the reason why the issue is not advanced much further (that and McCain may not even be elected).

 

[signals]

Years ago an ex-Air Force officer told me that his son was born in Libya and was an 'instant' US citizen(as he put it). He explained that since his wife and himself were US citizens, the child is automatically a US citizen. He explained that this is true of anybody, but especially military personnel that are on-duty. Plus he was born at a base hospital which in a sense is considered 'sovreign'-or whatever you want to call it-US territory.

Be careful if you live in certain countries for over a year and are non-military. In some countries you have 'automatic' citizenship if you live there a year! The newborn may not be a citizen.

 

[Gilding the Lily]

Years ago an ex-Air Force officer told me that his son was born in Libya and was an 'instant' US citizen(as he put it). He explained that since his wife and himself were US citizens, the child is automatically a US citizen. He explained that this is true of anybody, but especially military personnel that are on-duty. Plus he was born at a base hospital which in a sense is considered 'sovreign'-or whatever you want to call it-US territory.

Be careful if you live in certain countries for over a year and are non-military. In some countries you have 'automatic' citizenship if you live there a year! The newborn may not be a citizen.

Signals. I don't think anyone in their right mind disputes the fact that he is a citizen. They NY Times article quesitoned whether he qualified as a "natural born citizen."

 

[jimntx]

Signals. I don't think anyone in their right mind disputes the fact that he is a citizen. They NY Times article quesitoned whether he qualified as a "natural born citizen."

Case in point...

My oldest nephew was born in West Germany (remember W. Germany?) while my brother-in-law was serving in the U.S. Army back in the late 70's. Both he and my sister were born in Birmingham, AL; so, both are 'natural born' citizens. My nephew graduated from the Air Force Academy in 1994 and is now a test pilot at Nellis AFB outside Las Vegas.

However, he is NOT eligible to run for POTUS. This was made clear to my sister and her husband at the time my nephew was born. It may be because he was born in a German hospital off-base--there wasn't a base hospital nearby. However, having natural born parents does not guarantee that you will be deemed 'n-b'.

 

[Veritas]

This was made clear to my sister and her husband at the time my nephew was born.

What were the credentials of the constitutional law experts who gave them that advice?

 

[MMB]

... The President is only eligible if he is a NATURAL BORN CITIZEN. Not simply a citizen. Just because a statute grants someone citizenship DOES NOT NECESSARILY MEAN HE IS A NATURAL BORN CITIZEN! ...

If we are going to pick nits,...
Does anyone know if Obama was a cesarean baby? <_<

 

[Gilding the Lily]

If we are going to pick nits,...
Does anyone know if Obama was a cesarean baby? <_<

MMB,

As you seem to be a strict constructionalist, I would think that if the Constitution itself chooses to pick nits on an issue, then you would pick nits on the issue as well.

It clearly made a distinction (a nit picking distinction) between simple citizenship (see senator requirements) and natural born citizenship (see presidential requirements). The issue becomes what does/did the constitution deem as natural born citizenship. I think that the Constitution (both at framing and now) meant to include a person in McCain's situation.

 

[signals]

Signals. I don't think anyone in their right mind disputes the fact that he is a citizen. They NY Times article quesitoned whether he qualified as a "natural born citizen."

I said too much, but my opinion is that YES he is a 'natural born citizen!'

 

[Gilding the Lily]

I said too much, but my opinion is that YES he is a 'natural born citizen!'

Let's hope so; otherwise many, many members of our military (particularly those of "military families") may not meet the eligibility requirements.

 

[delldude]

Let's hope so; otherwise many, many members of our military (particularly those of "military families") may not meet the eligibility requirements.

That in itself is a very good point on this subject,in fact probably the best I've seen yet here.

 

[MMB]

MMB,

As you seem to be a strict constructionalist, I would think that if the Constitution itself chooses to pick nits on an issue, then you would pick nits on the issue as well.

It clearly made a distinction (a nit picking distinction) between simple citizenship (see senator requirements) and natural born citizenship (see presidential requirements). The issue becomes what does/did the constitution deem as natural born citizenship. I think that the Constitution (both at framing and now) meant to include a person in McCain's situation.

Agreed.
I need to take the time to study this, but I have always taken it to mean born to American parents or not a naturalized citizen. I don't see that the parents being outside our boarder at the time of his birth, on orders arguably from their Comander & Chief, makes a difference.
I am also not sure how this would play out if an anchor baby was to grow up and run for president. Would a baby born in an American hospital to illegal aliens qualify under this statute to be president? Wouldn’t it be funny if the courts were to declare that the anchor baby would, but MaCain would not!

My last was supposed to be ‘tongue-in-cheek’. I guess I chose my emocon poorly.

 

[eolesen]

Only in Amerika could we allow a child born from illegal aliens to be eligible for POTUS, yet at the same time, try to deny that same right to someone born of American parents while serving their country in an American facility, and who also spent 6 years as a POW while serving America...

Then again, the Dems have already tried to win the presidency in court once. I wouldn't put it past them to try a second time...

 

[UAL_TECH]

Only in Amerika could we allow a child born from illegal aliens to be eligible for POTUS, yet at the same time, try to deny that same right to someone born of American parents while serving their country in an American facility, and who also spent 6 years as a POW while serving America...

Then again, the Dems have already tried to win the presidency in court once. I wouldn't put it past them to try a second time...

How do you 'really' feel?

B) UT

 

[Veritas]

Then again, the Dems have already tried to win the presidency in court once. I wouldn't put it past them to try a second time...

Err... Only in America can the retardicans successfully steal the presidential elections with the help of a politically polarized supreme court.