Coito ergo sum wrote:Seth, please.
I am a natural born citizen, and eligible to run for President.
I was born in the US to two parents who were not citizens. I have been a citizen since birth. You're wrong. Natural born citizen does not mean "born in the US TO TWO PARENTS WHO ARE CITIZENS."
Nope, you're not eligible to be President. You're a "citizen," not a "natural born citizen," or so the existing case law suggests.
Natural born citizen means:
1. Born in the US, other than to diplomats serving a foreign country.
2. Children of US citizens born abroad.
3. Children born abroad of one citizen parent who has met U.S. residency requirements.
Citation?
In short, the citizenship of Obama's father doesn't mean anything, if Obama was born in the United States.
Well, that's the bone of contention.
You're also wrong about the Supreme Court having "defined" the term. It hasn't. It has mentioned the idea of natural born citizen in passing, in obiter dicta, but it has never, ever ruled on the issue.
Yup, you're right, the Court has never ruled squarely on the subject, and if you read the amicus brief I cited, you will see why there is a legal controversy here.
Section 1, Article 2 - 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; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Fourteenth Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
If you're born here, naturally, you're a natural born citizen.
Nope. You're conflating two classes of citizenship. Section 1 Article 2 says "natural born citizen" and the Fourteenth Amendment says only "citizen." You are improperly adding "natural born" to the Fourteenth Amendment language when it does not exist there.
Because "natural born citizen" is only mentioned in ONE PLACE in the Constitution, and because in every other qualification for office, such as Senators and Representatives, only the word "citizen" is used, the well-known rules of statutory interpretation come into play, and as you well know, one of those rules is that every word of the Constitution has meaning. Therefore, "natural born citizen" means something DIFFERENT from "citizen."
The unresolved question for the courts to answer is what, exactly, "natural born" means, and the current cases that mention the term point towards a child of two citizen parents. As the amicus brief explains, there is good reason to believe that this is the construction understood by the Framers when they wrote the phrase into the Constitution, and was the construction understood by the Ratifiers.
A Congressperson can be a naturalized citizen, as can governors and other such positions in government. The President has to be a natural, not naturalized, born citizen. That just means he has to be born here.
Yes, a Congressperson can be a naturalized citizen, or a citizen, but the President must be a natural born citizen, which is a higher level of citizenship intended to protect the office from foreign influence.
Chester Allen Arthur's situation is very similar to Obama's. Arthur was born in Vermont, to a Vermontian mother, and an IRISH FATHER. Arthur's father was not naturalized until Arthur was 14 years old, yet Arthur was a citizen since birth.
Some people claimed Arthur was born in Canada, not Vermont, but that was never proved.
The C.A. Arthur situation is very similar to the nonsense spouted about Obama now. It's deja vu all over again. Same shit, different day.
At least Arthur's situation belies the MSNBC-fomented allegation that the question of Obama's birth must be some sort of racial thing. Birth "questions" raised about Presidential candidates have been pretty common.
Doesn't matter. If no one challenged his status as a mere citizen and not a natural born citizen, that doesn't change the law. His violation of the Constitution does not remove the requirement.
The issue of a person's parents' citizenship has been raised many times in the past, but never came to anything. Like Hughes' run against Wilson back in 1916. Shit was raised against Barry Goldwater, who was born in Arizona before it was a State. Lawsuits were filed all over the place to stop McCain from serving, because of his birth in the Panama Canal Zone.
Again, the fact that the issue has never come before the Supreme Court is irrelevant. McCain's birth in the Canal Zone was not relevant because both his parents were born in the US.
Bottom line, though. The idea that you're presenting that a person, to be eligible to run for president, must not only be born here in the US, but also have 2 US citizens for parents, is just not supported by the law or the constitution.
So you say. There are a good many legal experts who disagree with you who have some very strong legal arguments contrary to your bald assertion, which is why it's an issue today. You have no caselaw stating that a "natural born citizen" MAY have one foreigner as a parent, so the question remains judicially unresolved. And it needs to be judicially resolved, by the Supreme Court, one way or another, in the immediate future, so as to forestall any future controversy like this.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
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