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To: allmendream

My wonderment at this time in our discussion and by your last remarks is why you are so strident with your demands on how I view your questions without being upfront with what you are getting at and reasons for such. I previously commented as to Cruz that being born in Canada of a Cuban citizen father, even with a USA citizen mother, Cruz could be eligible for the Senate but not for POTUSA. That said his USA citizen ship depends on the legal weight of having a USA citizen mother as opposed to the other factors of his birth. It should have been obvious that I do not consider Cruz a ‘natural born citizen’ per Constitutional requirements. McCain’s situation is really unique and the Obama enablers latched onto that to pave a way to justify Obama’s eligibility. I believe that McCain’s eligibility pivots on whether being born of a USA citizen mother at a hospital not on actual USA soil. At this point of comparisons between Cruz and McCain the difference exists in that McCain’s mother was part of being located on USA government duties/business. Cruz’s parents while in Canada apparently had no USA government position This feature separates McCain’s status from Cruz’s status and does at a matter of fact enter into defining their citizenship. Some have argued by virtue of a Panama Canal agreement there should be no questioning of McCain’s birth as being on USA soil. Obama enablers apparently could not stretch McCain’s situation to include Obama in a Senate resolution but I believe the Obama enablers had McCain’s situation in their pockets ready to use if McCain had won the election.


89 posted on 03/07/2013 1:29:31 PM PST by noinfringers2
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To: noinfringers2
According to Vattel (if he is your go to authority) McCain would be an “indigenous or native” of the USA or a “natural born citizen” as you would have it in Vattel 212 according to the formulation used in Vattel 217.

This is hardly a unique case. American citizens are born abroad all the time to U.S. citizen parents serving in the armed forces.

Vattel 217 spells out that McCain would be deemed ‘born in country’ for any such citizenship questions because his father has not ‘quit’ his nation - instead he was serving it.

So if Vattel is your authority, McCain would be qualified.

If the U.S. Constitution is your authority - and really it should be - then of the three types of U.S. citizen mentioned in the Constitution - which is McCain? Obviously he was not a citizen at the time of the adoption of the Constitution. So is he a naturalized citizen or a natural born citizen? Or do you want to “twist” the meaning of the Constitution to come up with a new type of citizen not mentioned in the Constitution?

92 posted on 03/07/2013 2:25:22 PM PST by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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