Skip to comments.Obama Signed Resolution Describing Him As Ineligible
Posted on 12/08/2009 6:22:12 PM PST by blueyon
This is an oldie, but it needs to be revisited, since the Obots still argue that Obama is eligible to serve as Commander-in-Chief.
On April 10, 2008, Sens. Patrick Leahy (D-VT) and Claire McCaskill (D-MO) introduced a resolution expressing the sense of the U.S. Senate that presidential candidate Sen. John McCain (R-AZ) was a 'natural born Citizen,' as specified in the Constitution and eligible to run for president. Sen. McCaskill knew Obama was not a U.S. Citizen, thats why she introduced this bill -- dressing it up to look like it was in Sen. John McCain's cause.
It was during the bill's hearing that Sen. Patrick Leahy, Chairman of the Senate Judiciary Committee, made the following statement:
"Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen," said Leahy. "I expect that this will be a unanimous resolution of the Senate."
At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.
"My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen," Chertoff replied.
"That is mine, too," said Leahy.
What's interesting here is that Sen. Leahy, the Chairman of the Senate Judiciary, confirms that a "natural born" citizen is the child of American citizen parents.
Parents -- that's two. That's BOTH parents.
Every time the words, "citizen" and "parent," are used by Sen. Leahy and Sec. Chertoff, the plural case, "citizens" and "parents," is used. The plural case is the operative case.
(Excerpt) Read more at theobamafile.com ...
It makes him a bastard.
Nobody cares. It's not like he's the first bastard to hold an office.
I only care that he is an AMERICAN bastard.
He ain't. On so many levels.
Here’s the Permalink:
I would think so. The issue is other countries claiming to have powers over them.
There is a cottage industry for Korean and Japanese families who want their children to have the right to US education. About the time of delivery, the mothers are brought to the US. The children are born in the US, then taken back to Japan or Korea to be raised. When they are of college age, they are eligible to move to the US -as natural born citizens- to obtain their education.
The US Congress is a travesty.
-- if a French couple takes a vacation to the U.S. and the mother is seven months pregnant, and she delivers prematurely on American soil, we recognize the child as French and the couple may return back to France with the child --
The child is recognized as an American too, having dual citizenship. And according to Congress, dual citizenship is no barrier at all to having "natural born citizenship" for the constitutional purpose of becoming president of the United States. No question whatsoever.
I agree. They all knew. They just chose to take NO action.
You are quite right. Such a baby will generally be both a US and French citizen.
BTW, Winston Churchill’s mother was an American citizen. On his 21st birthday he had to choose, at the time, between being an American or a British citizen. Today he’d probably just retain dual citizenship.
It was Arthur. There is actually some evidence he may have been born a few miles across the Canadian border, leaving his “natural born” status in question.
This issue was not kept secret very well. The opposition tried to use it against him in the election, but it never got traction with the electorate. This may have partly been because he was running for veep, and it’s harder to get people worked up over the veep’s qualifications.
There was another 19th century president whose mother was born in Canada and may never have gone through a formal naturalization process. Although in at least the early 19th century a woman’s citizenship automatically changed when she married a foreigner.
Not just Congress. The US executive and judicial branches have also never formally recognized dual citizenship.
IOW, any person can be both a US citizen and a citizen of some other country. We just don't recognize the other citizenship and it has no effect at all on his rights or duties as a citizen of this country.
AFAIK, this has been US policy since the Founding.
I'm sure you think this is a bad policy, but it is certainly not a recent one and has nothing to do, in origin anyway, with political correctness.
Well, yes the government does. Hence the term "dual citizenship." If the government didn't recognize the other citizenship, then there would be no such thing as "dual citizenship," as the person would simply be a citizen of the US and only the US, as far as US law is concerned.
My point was that dual citizenship = "natural born US citizen" for constitutional purposes, is not questioned by any member of Congress. IOW, those babies born in the US on the "citizenship vacations," then raised by Korean or Japanese parents, in Korea or Japan, for their entire childhood and young adult life, are (according to Congress) just as much qualified to be president (by dint of being born on US soil), as a child born to US citizen parents.
I believe this policy is new, is enabled by public ignorance, and is an incorrect construction of the US Constitution. Not that the Constitution is worth spit to Congress - just saying, this is another place where the federal government is way out of its bounds.
It must really have been a huge, huge pill for Barry Soetoro to swallow when he signed on that bill, hello!!!
A none NBC, but for sure a British/E.U. citizen!!!
A none NBC, but for sure a British/E.U. citizen!!!
I believe this is exactly the US legal position. While other countries may recognize or grant citizenship to whomever they wish, we don't pay any attention to it. It doesn't change the person's position under US law.
A Supreme Court case way back in the 19th has some bearing. A young man born in this country to Chinese non-citizen parents (Chinese immigrants weren't eligible for naturalization at the time) sued to have his citizenship recognized.
One of the dissenting justices pointed out that if we recognized him as a citizen despite his ineligible for citizenship parents, we would be opening up the presidency to "coolies," thus pretty clearly indicating this particular man was "natural born" despite his parentage.
I don't believe the other justices specifically addressed this concern in their opinions, thus implying that it was indeed a possibility and they weren't too concerned about it.
BTW, I would love to see a random Hawaii birth certificate from the era, just to see what information it typically contains. Do you know where such is available?
What they would have been most appalled by, I’m sure, was not the citizenship, it would be the racial derivation.
Most of the Founders, after all, had spent most of their lives as British citizens.
What Germany may try to do, such as draft someone into the military does not determine the citizenship of that individual.
Did your parents obtain a “Report of a U.S. Citizen Born Abroad” for your brother at the time he was born? If so, then that, witout question, certified recognition of his U.S. citizenship by law. That document proves an individual’s citizenship FROM BIRTH.
If your brother was in the States at age 18, and received a draft notice from Germany, it could have simply been ignored.
At any rate, I think we are in agreement as to the position of the government. It holds that term "natural born citizen" for presidential eligibility purposes means "born in the US" even if the birth is to a non-citizen mother who is vacationing in the US.
-- One of the dissenting justices pointed out that if we recognized him as a citizen despite his ineligible for citizenship parents, we would be opening up the presidency to "coolies," thus pretty clearly indicating this particular man was "natural born" despite his parentage. --
That's the dissent's take on what the majority ruled. It notes that a "citizenship is by birth location only" rule cuts in both directions:
If the conclusion of the majority opinion is correct, then the children of citizens of the United States, who have been born abroad since July 28, 1868, when the amendment was declared ratified, were and are aliens, unless they have or shall, on attaining majority, become citizens by naturalization in the United States; and no statutory provision to the contrary is of any force or effect.
The logic that statutes would have no effect is based on the majority holding the 14th amendment to the Constitution mandating citizenship by birth location, and the constitution cannot be overridden by statute. Under this logic, not only in McCain not eligible to be president, he is not eligible to be a Senator because he is not a naturalized citizen. This how the dissent in Wong Kim Ark characterizes the majority holding.
The statement by the dissent that touches on eligibility to be president is itself short on analysis:
Considering the circumstances surrounding the framing of the constitution, I submit that it is unreasonable to conclude that 'natural born citizen' applied to everybody born within the geographical tract known as the United States, irrespective of circumstances; and that the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay, or other race, were eligible to the presidency, while children of our citizens, born abroad, were not.
I also note that Wong Kim Ark marked a change in the treatment of persons born to foreigners who happened to be located in the US. In other words, the statement that the policy today is the same as it was at the founding is incorrect.
See too Minor v. Happersett, 88 U.S. 162 (1874), which discusses but (because there was no need to) also does not resolve the meaning of "natural born citizen." The issue in both cases was simple citizenship, not eligibility to be president.
I assume that we have irreconcilably different takes on the meaning of the Wong Kim Ark case, as well as on whether or not it was correctly decided. Again, my observation was that Congress has roughly adopted the view of the majority in Wong Kim Ark, by concluding (or assuming without debate) that a dual citizen can be eligible to be president of the US. My beef is with Congress, as I see it as derelict in its duty. This is just one more example.
Not off hand, but I recall a set of female twins born the same week as Obama, who have produced copies of their "long form" birth certificates. I'll see if I can find a specific cite (and site) ...
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