Republicans Split on Huckabee Staying in Race

scottwww »

Mon Mar 03, 2008 11:32 am Agree: 0   Disagree: 0

Any ruling that was made on the part of Barry Goldwater referring to his being born in a U.S. territory before it became a state is irrelevant to the case of John McCain being born in the Canal Zone which was never a U.S. territory.


A natural born Citizen is one who is born on U.S. soil. To be able to be Presdident of the United States, among other things, you must be a natural born Citizen. Since Senator John McCain is not a natural born Citizen (he was born outside the U.S.) it is by law that he was naturalized as a citizen at birth because of parentage. He was not a natural born Citizen based on the nature of where he was born.


Some may not agree with the Constitution of the United States, but it is what it is. It's the supreme law of the land.


U.S. Constitution.net
U.S. Constitution - Article II, Section 1


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.

If you don't like it, then change it through an amendment. But don't make it something that it isn't. That is a trick, not worthy of any American who stands by the constitution.


The Supreme Court needs to judge. That is why the Supreme Courts exists. Unfortunately, it is not likely to reach the court until one who is not a natural born Citizen gets elected to the presidency. This would be a crisis. The vice president would probably have to take over.


Here is a link to a much more detailed analysis.

If Senator Claire McCaskill's hastily scrawled "fix" actually goes through congress, it is a law that would need to be judged by the Supreme Court of the United States. Unless it is an amendment to the constitution, then McCaskill (and congress) would be undermining the supreme law of the land that is the U.S. Constitution.


In presenting this constitutional matter, the purpose is to bring attention to the need for a remedy that is legal. This may also mean that the remedy would not be in place in time for Senator John McCain to be elligible to hold the office of President.

http://idacres.com/politics/mccain/natural_born_Citizen.html

Republicans Split on Huckabee Staying in Race

scottwww »

Mon Mar 03, 2008 11:32 am Agree: 0   Disagree: 0

The treaty to establish the Canal Zone clearly does not establish a U.S. territory. For any who would pursue that further, consider the definition of territory.

Territory: In the United States, a portion of the country not included within the limits of any State, and not yet admitted as a State into the Union, but organized with a separate legislature, under a Territorial governor and other officers appointed by the President and Senate of the United States.

Territory: a part of the United States not included within any state but organized with a separate legislature

Territory: A subdivision of the United States that is not a state and is administered by an appointed or elected governor and elected legislature.

The Columbia Encyclopedia, Sixth Edition

http://idacres.com/politics/mccain/natural_born_Citizen.html

Republicans Split on Huckabee Staying in Race

scottwww »

Mon Mar 03, 2008 11:31 am Agree: 0   Disagree: 0

http://idacres.com/politics/mccain/natural_born_Citizen.html

In presenting this constitutional matter, the purpose is to bring attention to the need for a remedy that is legal. This may also mean that the remedy would not be in place in time for Senator John McCain to be elligible to hold the office of President.

Not everyone who is born an American citizen is a natural born Citizen. To be a natural born Citizen one must be born on U.S. soil. Senator John McCain was not born on U.S. soil. This disqualifies him from holding the office of the president. He can run, he just can't take the office.

Some claim that the Canal Zone was a United States territory, leading them to the conclusion that McCain was born on U.S. soil. The evidence disputes that assertion. When the treaty was signed that gave the U.S. control of the Canal Zone, the territory was retained by the Republic of Panama.


www.yale.edu
Convention for the Construction of a Ship Canal (Hay-Bunau-Varilla Treaty), November 18, 1903

Concluded November 18, 1903; ratification advised by the Senate February 23, 1904; ratified by President February 25,1904; ratifications exchanged February 26, 1904; proclaimed February 26, 1904. (U.S. Stats., vol. 33.)

The United States of America and the Republic of Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific oecans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the United States is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries,

ARTICLE III

The Republic of Panama grants to the United States all the rights, power and authority within the zone mentioned and described in Article II of this agreement and within the limits of all auxiliary lands and waters mentioned and described in said Article II which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority.

ARTICLE V

The Republic of Panama grants to the United States in perpetuity a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific ocean.