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Old 11-02-2008, 04:16 PM   #29 (permalink)
asaris
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Location: Washington, DC
Quote:
Originally Posted by pan6467 View Post
I don't truly care one way about McCain or Obama in this aspect. But the info maybe helpful to you. This was stuff I learned in 11th grade.
Thanks Pan. Sadly, lawyers know that much of what you learned in 11th grade is false. The courts have never definitively stated that 'natural-born citizen' means 'citizen at birth'. Most people believe this is the case, but for the contrarians:

Quote:
Originally Posted by New York Times
Quickly recognizing confusion over the evolving nature of citizenship, the First Congress in 1790 passed a measure that did define children of citizens “born beyond the sea, or out of the limits of the United States to be natural born.” But that law is still seen as potentially unconstitutional and was overtaken by subsequent legislation that omitted the “natural-born” phrase.
By basic standards of statutory interpretation, if Congress changes the wording of a statute, it must be changing the meaning of the statute. Therefore, Congress changed its mind, and so citizens born abroad are not to be considered 'natural-born'.

If I recall correctly, he has the additional problem that Congress only passed a law making the children of US citizens born in the canal zones citizens themselves after McCain was born. Meaning that McCain was not a citizen when he was born.

Like I've said, I don't think these arguments work (and I don't think any court would toss out McCain as president based on these arguments). But they're not ridiculous arguments as far as legal arguments go.

See also this post by Prof. Jack Balkin for a summary of an argument a strict constructionist might make:
http://balkin.blogspot.com/2008/05/w...ds-living.html
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Last edited by asaris; 11-02-2008 at 05:22 PM..
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