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Title: Obama's Eligibility in Question
Source:
Chicago Tribune newspaper ad
URL Source: http://www.wethepeoplefoundation.or ... oTribune-ObamaLtr-Nov-2008.pdf
Published: Dec 3, 2008
Author: Robert L. Schulz
Post Date: 2008-12-03 14:34:40 by Phant2000
Keywords: None
Views: 1290
Comments: 35
Maybe if all those NOT voting for Mr. Obama had signed the subject letter, he might not have ignored it. http://www.wethepeoplefoundation.org/UPDATE/misc2008/ChicagoTribune-ObamaLtr-Nov-2008.pdf
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Begin Trace Mode for Comment # 16.
#2. To: Phant2000 (#0)
Documents nonsense aside, was Obama's mother also not American born? I think not. Then no matter where he was born, is he not just as American as John McCain who was born in Panama? Thanks for the link to "We the Bigots Foundation". Not unexpectedly I found no reference at this site to any individual connected to the "organization". Not the first time I've encountered this with such sites! How puzzling! These types seem inclined to wear a hood! No?
No, it is not that simple. If McCain was born off-base in Colon, Republic of Panama of two U.S. citizen parents, he was a natural born citizen. If McCain was born on base, the complicated laws in effect in 1936 (changed in 1937) would appear to indicate he did not become a citizen until 1937. While the laws subsequent to 1936 would retrooactively make McCain a citizen, it could not make him a citizen at birth, i.e., a natural born citizen. If Obama was born in the U.S., he would be a natural born citizen pursuant to the Fourteenth amandment. If Obama was born in Kenya to a U.S. citizen mother and a Kenyan father, then there were certain residency requirements his mother had to meet which apparently were not met resulting in his not being born a citizen. Current law at 8 U.S.C. § 1401(g) provides: An amendment provided: Had Obama been born in Kenya, the law required his citizen mother "prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years...." Regarding McCain, the Act of May 24, 1934 granted citizenship to "[a]ny child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States...." Assuming birth on base in the Canal Zone, McCain was in a legal no-man's land. He was not born within the territory of the U.S. so the Fourteenth Amendment did not apply. He was not born out of the limits of the jurisdiction of the United States, so the Act of May 24, 1934 did not cover him either. The loophole was closed by legislation in 1937 but that could not retroactively make him a natural born citizen. The Canal Zone was an unincorporated territory of the U.S. and not considered part of the U.S. for citizenship purposes. Overseas military bases are not part of the United States and birth on such bases does not confer citizenship. Colon, Panama was specified as not being included in the Canal Zone. While McCain held for many years that he was born in the hospital on the military base, that hospital was built in the 1940's and did not exist when McCain was born in 1936. The birth record produced for McCain indicates he was born in Colon, in the Republic of Panama and not on base or in the Canal Zone. If McCain was born in Colon, Republic of Panama he was born outside the territory and jurisdiction of the U.S. and was a citizen at birth pursuant to the Act of May 24, 1934. However, this is not an official government record, purports to be from the records of the Panama Railroad Company, and is certifed by a company employee, and generally lacks official government indicia. McCain's birth is not reflected in the Canal Zone birth registry. As the base hospital had not yet been built, it is likely that McCain really was born off base in the Colon hospital and that he was a natural born U.S. citizen. NATURAL BORN CITIZEN SOURCE MATERIAL For various points of view, see: http://www.michiganlawreview.org/firstimpressions/vol107/chin.pdf Gabriel J. Chin, Commentary, Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship, 107 Mich. L. Rev. First Impressions 1 (2008). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1133663 Bonner, J. Rebekka Susan,Who May Be President? Constitutional Reinterpretation of Article II's 'Natural Born' Presidential Eligibility Clause. [2008] http://yalelawjournal.org/images/pdfs/pryor_note.pdf Pryor, Jill A., The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty, Yale Law Journal, Vol. 97 [1988] http://www.law.cornell.edu/anncon/html/art2frag5_user.html#art2_sec1cl5 Qualifications, Congressional Research Service Annotated Constitution
Additionally, if there were even a breath of truth to this nonsense, can anyone suggest that the odious Clintons would not have brought this forward months ago?
#17. To: iconoclast (#16)
The Clintons could do very little, like McStain found out, without being smeared with the "RACIST!!" brush. Too much infighting amongst the Dems would have split that party, guaranteeing a sure win for McStain. Hitlery got Sec. of State and all the other Clintonistas got a piece of the Obama-pie. Funny how that worked out, huh?? Obama got black-mailed LOL!!!
St. Obama is a hypocrite of the highest degree: "Let me also say that I remain distressed that the White House during this confirmation process, which overall went smoothly, failed to provide critical documents as part of the record that could have provided us with a better basis to make our judgment with respect to the nomination. This White House continues to stymie efforts on the part of the Senate to do its job. I hope with the next nominee who comes up for the Supreme Court that the White House recognizes that in fact it is its duty not just to the Senate but to the American people to make sure we can thoroughly and adequately evaluate the record of every single nominee who comes before us." Remarks of Senator Barack Obama on the Confirmation of Judge John Roberts
Well, it's true nonsense. I have yet to see any credible evidence put forth.
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#13. To: iconoclast, TwentyTwelve, X-15, IndieTX, farmfriend (#2)
Documents nonsense aside, was Obama's mother also not American born? I think not. Then no matter where he was born, is he not just as American as John McCain who was born in Panama?
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
1986--Subsec. (g). Pub. L. 99-653 substituted "five years, at least two'' for "ten years, at least five''.
#16. To: nolu_chan (#13)
Replies to Comment # 16.
#18. To: iconoclast (#16)
#21. To: iconoclast (#16)
Additionally, if there were even a breath of truth to this nonsense...
End Trace Mode for Comment # 16.