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AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE
Kent Law Review ^ | 2/22/2006 | Sarah P. Herlihy

Posted on 11/28/2008 2:40:28 PM PST by SatinDoll

INTRODUCTION

The natural born citizen requirement in Article II of the United States Constitution has been called the “stupidest provision” in the Constitution,1 “undecidedly unAmerican,”2 “blatantly discriminatory,”3 and the “Constitution’s worst provision.”4 ...

snip

The natural born citizen clause of the United States Constitution should be repealed for numerous reasons. Limiting presidential eligibility to natural born citizens discriminates against naturalized citizens, is out-dated and undemocratic, and incorrectly assumes that birthplace is a proxy for loyalty. The increased globalization of the world continues to make each of these reasons more persuasive...the natural born citizen clause has increasingly become out of place in the American legal system. However, even though globalization strengthens the case for a Constitutional amendment, many Americans argue against abolishing the requirement.

(Excerpt) Read more at lawreview.kentlaw.edu ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: amnesty; birthcertificate; certifigate; constitution; globalization; nau; obama; obamatransitionfile; obamatruthfile; obl; president
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I'm aware this is almost three years old. But this may be a blueprint of exactly how Obama's lawyers intend to circumvent the Article II requirement for our nation's President to be "natural born".

"Although some of the reasons for maintaining the natural born citizen requirement are rational, many of the reasons are based primarily on emotion. Therefore, although globalization is one impetus that should drive Americans to rely on reason and amend the Constitution, this paper argues that common perceptions about globalization ironically will convince Americans to rely on emotion and oppose a Constitutional amendment."

Sarah P. Herlihy is employed by Kirkland & Ellis LLP http://www.kirkland.com . Note: this law firm is based in Chicago. Bruce I. Ettelson, P.C., is a Member of the finance committees for both U.S. Senators Barack Obama and Richard Durbin.

It now appears that the One World Order proponents behind Barack H. Obama have been working on this issue for a few years. They intend to thoroughly trash our Constitution and destroy the United States of America.

For a complete look at the document go to the above listed source URL. This is truly frightening.

1 posted on 11/28/2008 2:40:29 PM PST by SatinDoll
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To: SatinDoll

Only traitors to the Framers intent would call this a stupid provision. Blind fools or worse.


2 posted on 11/28/2008 2:42:03 PM PST by Blogger
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To: Blogger

Exactly. But these are the very people - Durbin & Obama - who are actively asserting amnesty for millions of illegal aliens.


3 posted on 11/28/2008 2:44:06 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: SatinDoll

Of course now it is a bad thing, cuz someone who fits the description has been elected.


4 posted on 11/28/2008 2:45:34 PM PST by DefeatHitlery08
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To: SatinDoll

Sounds like somebody’s gettin nervous.


5 posted on 11/28/2008 2:46:35 PM PST by Safrguns
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To: SatinDoll

Exactly. But these are the very people - Durbin & Obama - who are actively asserting amnesty for millions of illegal aliens”

Sure hope the Supremes ghave heard of this document and are aware of the age of it and it’s origins.


6 posted on 11/28/2008 2:46:46 PM PST by ridesthemiles
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To: SatinDoll

Oh my.....chills up my spine.

This document along with a brief, clear explanation should be circulated widely.

I see no reason for the conservative talkers to hold back now. The plan has been in place for some time.


7 posted on 11/28/2008 2:49:11 PM PST by Doug TX
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To: SatinDoll
...the One World Order proponents behind Barack H. Obama...intend to thoroughly trash our Constitution and destroy the United States of America.
8 posted on 11/28/2008 2:51:36 PM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: SatinDoll
Only a domestic enemy would say the natural-born citizen requirement was a stupid requirement. And this oath practically guaratees a response to ignoring this requirement of the constitution:

CITE: 10 USC Sec. 502 01/03/95 EXPCITE: TITLE 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 31 - ENLISTMENTS HEAD Sec. 502. Enlistment oath: who may administer STATUTE Each person enlisting in an armed force shall take the following oath: ''I, _ _ _ _ _ _ _ __, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God!" ------------------- This oath may be taken before any commissioned officer of any armed force.

The oath refers to a valid President of the United States that meets constitutional requirements.

9 posted on 11/28/2008 2:52:27 PM PST by Mogollon (Resistance to tyrants is obedience to God. -- Thomas Jefferson)
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To: SatinDoll

Of course they vehemently opposed any change when it looked like Arnold was a possible viable national candidate.


10 posted on 11/28/2008 2:52:40 PM PST by mccainvoterinobamaville (My new chant IM STRAIGHT IM GREAT AND I LIVE IN THE LOWER 48!)
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To: DefeatHitlery08

What interests me is the immigrant governor of California, Arnie the DEM, suggested it be changed...before Obama came on the scene.


11 posted on 11/28/2008 2:53:10 PM PST by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: SatinDoll

I’m beginning to think that Chicago is the root of all evil.


12 posted on 11/28/2008 2:53:38 PM PST by Cicero (Marcus Tullius)
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To: SatinDoll

The most patriotic naturalized citizen...the late, great Balint Vaszonyi, was for keeping this provision.


13 posted on 11/28/2008 2:55:19 PM PST by DLfromthedesert
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To: Safrguns
There's blood in the water. Glad to see the Christian Science Monitor cover the story this week.

Another good sign: my Obama loving friend has asked me to stop send her political e-mail. PS: she usually initiates the exchange and then when I respond she can't answer and gets mad.

14 posted on 11/28/2008 2:56:24 PM PST by nufsed
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To: SatinDoll

The scenario I envisioned goes something like this.

Zero gets himself elected. (done) After taking office it’s proven that he’s ineligible to hold that office leading to a major fight in congress. The democrats refuse to remove him but fail to get a constitutional convention. The issue is left unresolved. By 2016 another foreign born presidential hopeful shows up at the supreme court demanding their “right” to run and citing the Obama presidency as a precedent set and showing that “no harm was done”.

I suspect the next foreign wannabe will be someone easily acceptable like a Canadian. (Jenny Granholm seems to be getting groomed for that job now) Next it will be a Mexican candidate and by then the free for all will be well underway.


15 posted on 11/28/2008 2:56:45 PM PST by cripplecreek (The poor bastards have us surrounded.)
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To: SatinDoll

I’m beginning to very seriously think that 0bama is NOT a natural born citizen, and that the libs have known it and started preparing for an amendment to the Constitution years ago. NO AMENDMENT!


16 posted on 11/28/2008 2:56:57 PM PST by kitkat (THE DAY WE LOSE OUR WILL TO FIGHT WILL BE THE DAY WE LOSE OUR FREEDOM.)
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To: SatinDoll
There are arguments that support both views. I do take exception to the writers conclusion that being in favor of changing the amendment is derived from rational thought, whereas supporting no change is based only on emotion. That said, the amendment would have to be changed (no easy task, thank you founding fathers!) prior to electing a naturalized citizen. If that's the case with Obama, I think he's on the losing side on this one.
17 posted on 11/28/2008 2:57:06 PM PST by Tony O (hibobbi!)
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To: Doug TX; Candor7; 2ndDivisionVet; Congressman Billybob; pissant; jveritas; doug from upland

Thanks. I was just about to ping you and a few others. We need to get out the alarm that this nation is under seige.

This is extremely upsetting. Up to now I have been deeply troubled but now I’m really damned angry. Mostly at how thoroughly this whole setup has developed.

McCain would have been no better. He was born in Colon, Panama. This stinks to heaven of George Soros.


18 posted on 11/28/2008 2:57:29 PM PST by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!!)
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To: Sacajaweau

I’m a lot more concerned about Jenny Granholm. It looks to me like she’s being groomed for bigger and better things. At least Arnie was up front and honest about his wishes.


19 posted on 11/28/2008 2:59:11 PM PST by cripplecreek (The poor bastards have us surrounded.)
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To: SatinDoll
"The natural born citizen requirement in Article II of the United States Constitution has been called the “stupidest provision” in the Constitution"

By who?

20 posted on 11/28/2008 3:02:53 PM PST by Mr. K (Some days even my lucky rocketship underpants don't help)
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To: SatinDoll

BTTT!


21 posted on 11/28/2008 3:03:07 PM PST by txhurl (somebody just bought 12 Carrier Battle Groups for 600 million dollars)
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To: SatinDoll

WHERE’S THE BARF ALERT?

STE=Q


22 posted on 11/28/2008 3:03:45 PM PST by STE=Q ("These are the times that try men's souls." -- Thomas Paine)
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To: SatinDoll

Alexander Hamilton was probably the only foreign born American citizen at the time of the adoption of the Constitution that the founders intended to be eligible to be president:

“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.”

Martin Van Buren was the first president actually to have been born an American citizen. All prior presidents to Van Buren were born in British colonies!


23 posted on 11/28/2008 3:03:59 PM PST by Ozone34 ("There are only two philosophies: Thomism and bullshitism!" -Leon Bloy)
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To: SatinDoll

That’s nice Sarah, but I believe you have your head up your tookas!


24 posted on 11/28/2008 3:04:56 PM PST by dbacks (God help the USA.)
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To: cripplecreek
As a naturalized citizen of United States, I fully support every article in the constitution. It has served us well so far and there is absolutely no need to change anything.
25 posted on 11/28/2008 3:06:20 PM PST by ajay_kumar (The Islamists want the whole world to live under "Sharia" and subjugation of women as slaves)
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To: SatinDoll
Obama has already figured out how to use the internet to launder foreign campaign funds.

His ACORN group has been working on how to get foreigners to vote.

It's only natural to assume that the next goal is to get foreigners to be President.

-PJ

26 posted on 11/28/2008 3:06:57 PM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: Mogollon

Will Obammy put his hand on a Bible or a Quran? Or disdain the entire process?


27 posted on 11/28/2008 3:07:49 PM PST by dbacks (God help the USA.)
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To: SatinDoll

Sarah,

It will need to be amended before the electors meet (Dec 15) or else your guy is not eligible.


28 posted on 11/28/2008 3:09:25 PM PST by nonsporting
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To: Cicero

“I’m beginning to think that Chicago is the root of all evil.”

If this country ever needs a colon bypass, it will be from Detroit to Chicago!


29 posted on 11/28/2008 3:09:42 PM PST by dbacks (God help the USA.)
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To: nonsporting

Isn’t it such that the law at the TIME of an event is the prevailing law?


30 posted on 11/28/2008 3:10:23 PM PST by bannie
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To: dbacks
Will Obammy put his hand on a Bible or a Quran? Or disdain the entire process?

Maybe he'll simply swear himself in.

-PJ

31 posted on 11/28/2008 3:10:24 PM PST by Political Junkie Too (You can never overestimate the Democrats' ability to overplay their hand.)
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To: cripplecreek

Would this be the same Jennifer Granholm who has done such a fantastic job of leading the state of Michigan?


32 posted on 11/28/2008 3:13:19 PM PST by anoldafvet
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To: kitkat

“I’m beginning to very seriously think that 0bama is NOT a natural born citizen, and that the libs have known it and started preparing for an amendment to the Constitution years ago.”

BUT, he committed fraud by running in the first place. I suspect the house would have to impeach and the senate would have to convict. If not, I believe there would be a military coup or, perhaps even better and armed uprising!

Nothing he could or would say would have effect because he would NOT be legitimate in any conceivable way.


33 posted on 11/28/2008 3:14:58 PM PST by dbacks (God help the USA.)
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To: Blogger

The massive fraud we are now witness to would indicate it was a wise provision.


34 posted on 11/28/2008 3:15:07 PM PST by AmericanVictory
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To: SatinDoll

Some women should only be seen and not heard.......


35 posted on 11/28/2008 3:17:25 PM PST by Shamrock-DW
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To: SatinDoll
...this may be a blueprint of exactly how Obama's lawyers intend to circumvent the Article II requirement for our nation's President to be "natural born".

Well, they'd better try to erase the "ex-post-facto" and the "bill of attainder" provisions while they're at it.

36 posted on 11/28/2008 3:19:36 PM PST by Migraine (Diversity is great... ...until it happens to YOU.)
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To: Safrguns

Exactly what I thought, we have a common criminal elected president.


37 posted on 11/28/2008 3:19:49 PM PST by boomop1
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To: SatinDoll

You know if Obama was found OUT to not be a natural born citizen, congress will changes the rules.if it serves thier cause ..just like Hairy the Reid said the other day that the Senate could end up deciding the race between Frankinstein and Coleman
http://www.freerepublic.com/focus/f-news/2138906/posts


38 posted on 11/28/2008 3:20:08 PM PST by blueyon (Every one will have their 15 mins under the bus)
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To: SatinDoll

“McCain would have been no better. He was born in Colon, Panama.”

Are you serious?

He was born in a US Military Hospital on a US Military Base in a US controlled Territory. In all ways he is a citizen.


39 posted on 11/28/2008 3:20:17 PM PST by dbacks (God help the USA.)
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To: mccainvoterinobamaville

That mean, nasty old Constitution, it’s yucky.

We should have presidents like Schwarzenegger and Granholm cuz they’ve governed so well.

What we need is government by pot-smoking young airheads; that’ll keep us leaders of the world.

Ein Welt, uber alles!

Ci-cago, that wonderful town, should be the model for its governance.


40 posted on 11/28/2008 3:21:43 PM PST by AmericanVictory
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To: SatinDoll

Sounds like they have been setting us up to bully us into accepting this piece of trash.

I hope the Supreme Court sees through this. Again, they are not practicing the law; they making the law without our permission.


41 posted on 11/28/2008 3:22:47 PM PST by freekitty (Give me back my conservative vote.)
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To: Political Junkie Too

“Maybe he’ll simply swear himself in.”

Hey, you’re right. As “the One”, he can do that.


42 posted on 11/28/2008 3:22:56 PM PST by dbacks (God help the USA.)
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To: dbacks
He was born in a US Military Hospital on a US Military Base in a US controlled Territory.

No, he wasn't. He was born in Colon, which was in the Republic of Panama, in a civilian hospital.

43 posted on 11/28/2008 3:24:16 PM PST by EternalVigilance (AIPNEWS.com - America's Independent Party: "Peace through superior firepower!")
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To: EternalVigilance

“No, he wasn’t. He was born in Colon,”

OK, I had heard differently.


44 posted on 11/28/2008 3:27:30 PM PST by dbacks (God help the USA.)
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To: SatinDoll

I am against repealing the Natural Born Citizen requirement. Its actually much more general and inclusive than most people think. Anybody who is not a naturalized citizen is a natural born citizen.

Born to two illegal aliens in the US? Natural Born Citizen.

Born to a Soviet diplomat and a Chinese spy in US? Natural born Citizen.

Born to two US citizens on a military base, or abroad, or on a space station? Natural Born Citizen.

Born to one US citizen and one non citizen AND abroad? Depends on the time and the place but very often YES still a natural born citizen.

Only sure fire way to disqualify is being born abroad to two non citizens.


45 posted on 11/28/2008 3:31:27 PM PST by zarodinu
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To: Ozone34

Martin Van Buren was my g-g-g-g grandfather’s brother.


46 posted on 11/28/2008 3:35:20 PM PST by Eagle Eye (Libs- If you don't have to play the rules then neither do we...THINK ABOUT IT!)
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To: SatinDoll

BullSh**

My daughter was born at Gorgas Hospital in Panama. All you had to do was to file the paperwork with the embassy and she was a full-fleged citizen of the U.S. McNada fell under the same regulations.


47 posted on 11/28/2008 3:36:07 PM PST by Shamrock-DW
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To: SatinDoll

Well this is just my opinion, but... Yes on its face the provision would seem silly: “A drunken and illiterate Topeka-Kansas born hobo pulled up from the train tracks is qualified, but a Finnish-born Rhodes scholar who’s been teaching at Yale for the last 30 years is not.”

My own Italian grandfather was such a Patriot that he cried tears of joy when he saw the first live Telstar transmissions direct from the USA.

But the framers were no fools and so, for me, anyway, the thrust of the issue was mistrust: the local boy’s records are more readily available. Did he come from a reputable family? Are you sure of his patriotism? Check and double-check. Don’t run any useless risks. The requirement, which like all laws can be deconstructed (as I have above)is really a call for close scrutiny.

Morally, I mean in front of God, Obama’s concealment of his university records is far worse. Though it’s all about him, he had nothing to do with his actual birth certificate. But he did have much to do about his school avhievements.

I find it incredibly ironic that in the Age of ethnic studies - and Afro-American studies being N#1 on the list, all the records of a man who reached the world’s most exalted position are kept sealed.

It’s as if Charlie Bird Parker had gone to the Julliard School of Music and the (mostly) white men there kept the tapes of all his riffs and solos under lock and key.

What’s a poor Black student attending an African-American studies class gonna study if the world’s leading African-American has all his records locked up?!

The natural-born stuff of the Constitution places the emphasis on mistrust... and when it comes to politicians, this is GOOD!


48 posted on 11/28/2008 3:36:24 PM PST by Mancolicani
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To: dbacks

But see -

http://www.nytimes.com/2008/02/28/us/politics/28mccain.html

Which confirms his birthplace as CZ. I wasn’t there so I can’t say but apparently the dems had not sought to disqualify him. Mebbe because they knew about obammy?

In any event, I don’t care about McCain. He won’t run again. Perhaps, it should read “born “TO” the United States”!

BTW, how about Goldwater? He was born in Arizona Territory.


49 posted on 11/28/2008 3:38:36 PM PST by dbacks (God help the USA.)
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To: SatinDoll
"We need to get out the alarm that this nation is under siege."

Our nation has been 'under siege' for sometime now... and the VERY thing that our founding fathers wished to prevent by inserting the 'natural born' citizen provision in our constitution -- the complete takeover of our country by foreign interests -- is now a distinct possibility!

Please put me on your ping list.

Thanks.

STE=Q

50 posted on 11/28/2008 3:42:04 PM PST by STE=Q ("These are the times that try men's souls." -- Thomas Paine)
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