Posted on 02/22/2009 12:25:31 PM PST by Cyropaedia
Sure sounds like it!
Chief Engineer deserves the credit on this one:
Here's the "qualifications" on Joe Miller and Jess Henig of FactCheck. It's on the FactCheck “About Us” page (http://www.factcheck.org/about/ ):
Joe Miller
Staff Writer, Annenberg Political Fact Check
Joe Miller earned his B.A. in philosophy from Hampden-Sydney College, his M.A. in philosophy from Virginia Tech, and his Ph.D. in political philosophy from the University of Virginia. He joined the Annenberg Public Policy Center in April 2007 after working as a writer with the Mack/Crounse Group. Previously he was an assistant professor of philosophy at the United States Military Academy and at the University of North Carolina at Pembroke and a visiting fellow at the Callaghan Centre for Conflict Studies at the University of Wales at Swansea
and
Jessica Henig
Staff Writer, Annenberg Political Fact Check
Jessica Henig earned her B.A. in history of science from Smith College and her M.A. in English from the University of Maryland. While at Maryland, she taught digital literature and rhetorical writing. Prior to joining the Annenberg Public Policy Center in May 2007, she worked for the National Academies Press. She has also worked for the National Institutes of Health and as a freelance researcher and editor.
When both parents are U.S. citizens, and one is active duty personnel, and the spouse is a military dependent, then the UCMJ considers their child to be a natural born citizen regardless of where the birth takes place. So, McCain has some kind of leg to stand on.
But not according to Donofrio.
Look, if the Supreme wants to declare someone in McCain's situation ineligible, I'm OK with that. I would rather have them err on the side of prudence, than to create a new loophole.
Which begs the question then what other points is Donofrio wrong on? His whole arguement is that he concedes Obama was born in Hawaii but claims he is still ineligible because a natural born citizen is one born in the U.S. of two U.S. citizen parents. That doesn't leave any wiggle room for McCain.
Again, McCain could argue the case from the standpoint of the UCMJ.
Because the military operates under its own official jurisdiction via the UCMJ. Military personnel do not have the same rights as civilians. But it works both ways with regards to exemptions.
There’s really no need to argue anything. Based on U.S. law and Supreme Court precedent McCain is a natural born U.S. citizen. And if Obama was born in Hawaii then so is he.
§ 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.
Well, was McCain a citizen at birth, or wasn’t he...? You’ve repeatedly stated that there were only two ways to become a citizen : by birth or by naturalization.
Get off it. You don’t have the same rights in the military as you do in the civilian world. You operate under the jurisdiction of the UCMJ. Any soldier that tried to argue to his superiors about his “rights” under the Constitution would be assigned to KP.
If Shelby had those same doubts back in January, he could have raised an objection to Obama at the counting of the electoral votes in January before a joint session of Congress.
Constitutional scholars on the Right and Left agree that he was born a U.S. citizen. Both Ted Olson (former Solicitor General) and Harvard’s Lawrence Tribe have studied the case and agree at the very least that he is a citizen by birth.
Maybe he just recently became aware of the loopholes in Hawaii’s laws and possible problems with the CoLB in the pictures.
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