Court Rules John McCain a Natural Born Citizen

Discussion in 'Politics' started by Buffalo Roam, Oct 25, 2008.

  1. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    The latest rulling on Sen. John McCain's Birth Right:

    http://constitutionallyright.com/2008/02/28/john-mccain-is-a-natural-born-citizen/

    Update - Sept. 18, 2008: Court Rules On McCain’s Citizenship:

    Article II states that “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.” Article II left to Congress the role of defining citizenship, including citizenship by reason of birth. Rogers v. Bellei, 401 U.S. 815, 828 (1970). Many decades later, the Fourteenth Amendment set a floor on citizenship, overruled the Dred Scott decision, and provided that all born or naturalized in the United States, and subject to the jurisdiction thereof, were citizens. Nonetheless, subject to the floor of the Fourteenth Amendment, it has always been left to Congress to define who may be a citizen by reason of birth (or naturalization proceedings, for that matter). Id. at 829–30.

    At the time of Senator McCain’s birth, the pertinent citizenship provision prescribed that “[a]ny child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States.” Act of May 24, 1934, Pub. L. No. 73-250, 48 Stat. 797. The Supreme Court has interpreted the phrase “out of the limits and jurisdiction of the United States” in this statute to be the converse of the phrase “in the United States, and subject to the jurisdiction thereof,” in the Fourteenth Amendment, and therefore to encompass all those not granted citizenship directly by the Fourteenth Amendment. [Footnote: United States v. Wong Kim Ark, 169 U.S. 649, 687 (1898) (“The words ‘in the United States, and subject to the jurisdiction thereof,’ in the first sentence of the fourteenth amendment of the constitution, must be presumed to have been understood and intended by the Congress which proposed the amendment … [as] the converse of the words ‘out of the limits and jurisdiction of the United States,’ as habitually used in the naturalization acts.”)]

    Under this view, Senator McCain was a citizen at birth. In 1937, to remove any doubt as to persons in Senator McCain’s circumstances in the Canal Zone, Congress enacted 8 U.S.C. 1403(a), which declared that persons in Senator McCain’s circumstances are citizens by virtue of their birth, thereby retroactively rendering Senator McCain a natural born citizen, if he was not one already. This order finds it highly probable, for the purposes of this motion for provisional relief, that Senator McCain is a natural born citizen. Plaintiff has not demonstrated the likelihood of success on the merits necessary to warrant the drastic remedy he seeks.
     
  2. Google AdSense Guest Advertisement



    to hide all adverts.
  3. pjdude1219 The biscuit has risen Valued Senior Member

    Messages:
    16,479
    If its the case I think it is this is surprising because the court really shouldn't have even heard it.
     
  4. Google AdSense Guest Advertisement



    to hide all adverts.
  5. S.A.M. uniquely dreadful Valued Senior Member

    Messages:
    72,825
    So according to the court, Panama is in the US? Must be Republican-appointed judges.
     
  6. Google AdSense Guest Advertisement



    to hide all adverts.
  7. CutsieMarie89 Zen Registered Senior Member

    Messages:
    3,485
    Shouldn't they have done this way back when Senator McCain was first appointed the official candidate? I didn't even know there was that much controversy surrounding it.
     
  8. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    No, SAM, read the court decision.
     
  9. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    Well it was a democrat who brought the suite, just as it is a democrat who is bring the suite against Obama.
     
  10. rpenner Fully Wired Valued Senior Member

    Messages:
    4,833
  11. superstring01 Moderator

    Messages:
    12,110
    Did you forget that the Canal Zone was legally US territory until the end of the last milenium? Beside, both of his parents were citizens, so no matter where he was born, he's a US citizen.

    ~String
     
  12. pjdude1219 The biscuit has risen Valued Senior Member

    Messages:
    16,479
    What the fuck does that have to do with anything. In either case there was no real legal standing for the parties that brought suit to bring the suit before the courts.
     
  13. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    SAM has a major reading comprehension problem, everything she reads everything into, is the American Did It, and they are WRONG.
     
  14. S.A.M. uniquely dreadful Valued Senior Member

    Messages:
    72,825
    Oh, did the people of Panama know that?

    Please Register or Log in to view the hidden image!




    How old is McCain?

    Is Iraq legally US territory today?
     
  15. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    Really? now why?

    McCain, released his long form, Vault Birth Certificate anyway, and the prevailing laws were found to be in support of the Fact that Sen. McCain is and has always been a citizen of Jus sanguinis.

    So yes, there was no standing for any further action.

    Now as for Obama, why hasn't he released his long form, Vault Birth Certificate? what is on it that he is so afraid of the Public seeing?

    There are many points in my life that I have had to produce a Certified Long Form of My birth Certificate, to satisfy Government Rule and Regulation, so why doesn't Obama?
     
  16. rpenner Fully Wired Valued Senior Member

    Messages:
    4,833
    Barack Obama's Birth Certificate
    June 2008 story on same
    Analysis of Same
    Snopes on same

    Now I'm not saying that Philip J. Berg is insane, but his court filing is. On October 22, 2008, Philip J. Berg demanded summary judgement complete with an (obviously unsigned) proposed court order which read in relevant part:
    http://news.justia.com/cases/featured/pennsylvania/paedce/2:2008cv04083/281573/

    Obama's and the DNC's lawyers cite the recent McCain citizenship court case as precedent that private citizens cannot sue here. The lawyers point out the flaws of the case, flaws that frequently trip up pro-se plaintiffs in federal court.

    And the judge, on friday, agreed with them.
    http://www.philly.com/dailynews/loc..._s_bid_to_have_Obama_removed_from_ballot.html
     
  17. Simon Anders Valued Senior Member

    Messages:
    3,535
    It would have been hard for them to miss all the military, fences, etc.
     
  18. S.A.M. uniquely dreadful Valued Senior Member

    Messages:
    72,825
    Hard for them to miss an illegal occupation. Yup.
     
  19. Buffalo Roam Registered Senior Member

    Messages:
    16,931
    Treaty SAM, Treaty.
     
  20. Mr.Spock Back from the dead Valued Senior Member

    Messages:
    6,938
    SAM is still here? :bugeye:

    and a moderator as well :roflmao:
     
  21. CheskiChips Banned Banned

    Messages:
    3,538
    A US Military base is equivalent judicially to American soil.
     
  22. S.A.M. uniquely dreadful Valued Senior Member

    Messages:
    72,825
    "treaty"

    Please Register or Log in to view the hidden image!

     
  23. superstring01 Moderator

    Messages:
    12,110
    I'm sorry, were we discussing McCain's citizenship or were we entertaining another of your menstrual rants on US foreign policy? :bugeye:

    Whatever you think of the treaty or the fact that the Canal Zone was legally US territory until the end of the last millennium, it doesn't effect any of the citizenship issues we're discussing.

    IF you want to bitch about the history of the Canal Zone (which has been given back to Panama now, so you can calm down), start another thread.

    ~String
     

Share This Page