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To: philman_36

This is what the Indiana code referenced in Arkeny says:

“IC 3-8-1-6 President or Vice President
Sec. 6. (a) A candidate for the office of President or Vice President of the United States must have the qualifications provided in Article 2, Section 1, clause 4 of the Constitution of the United States.”

So he was simply referencing Indiana legal code.

Why the difference?

The Constitution as written does not mention “Clauses” - You will see Articles and Sections on the written document but not clauses. So the Founders did not identify specific requirements with specific clauses.

Here is how the Constitution is actually organized - the word clause is nowhere to be seen.

http://www.senate.gov/civics/constitution_item/constitution.htm

Now the Constitution originally had 8 requirements in Art II section 1. Two of those requirements were removed by Constitutional Amendment. The 12A in 1804 removed the third requirement in the section. Since the word Clause was not part of the actual Constitution and was used informally to identify separated sections - some legal scholars took the AMENDED Constitution and ignored those sections that were removed through amendment. Remove the third requirement and the 5th becomes the 4th. When the practice of using the word Clause was initiated, some applied it to the Constitution as written while some applied it to the Constitution as amended - which is what Indiana does.


262 posted on 02/20/2012 9:41:03 AM PST by Harlan1196
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To: Harlan1196
Here is where the footnote comes from... Second, the Plaintiffs argue that both President Barack Obama and Senator John McCain are not “natural born Citizens” as required for qualification to be President under Article II, Section 1, Clause 49 of the U.S. Constitution, and that therefore because neither person was constitutionally eligible to become President, “[t]he Governor . . . should [have been] prohibited by order of [the trial court] . . . from issuing any certificate of ascertainment, or any other certified statement, under the State Seal of the State of Indiana . . . .” Appellants‟ Appendix at 13.

Here is what you said...
This is what the Indiana code referenced in Arkeny says...

And this what footnote 9 says...See also Ind. Code § 3-8-1-6. Also, not only.

But what does Article 2, Section 1, clause 4 of the Constitution of the United States say compared to Clause 5?

IC 3-8-1-6 President or Vice President Sec. 6. (a) A candidate for the office of President or Vice President of the United States must have the qualifications provided in Article 2, Section 1, clause 4 of the Constitution of the United States.
What "qualifications" are there in Article 2, Section 1, clause 4 of the Constitution of the United States that pertain to natural born citizen? Article 2, Section 1, Clause 4
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Isn't that a pretty damning indictment of the Indiana State legislature when their laws aren't even in accord with the Constitution of the United States?

268 posted on 02/20/2012 10:11:25 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Harlan1196
...which is what Indiana does.
And how do you know that?

And I too can give a link. It has "clause" throughout it.
@http://www.house.gov/house/Constitution/Constitution.html - THE UNITED STATES CONSTITUTION

272 posted on 02/20/2012 10:22:28 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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